FM and FN v Department of Community Services [2008] NSWADT 288

CITATION: FM and FN v Department of Community Services [2008] NSWADT 288

DIVISION: General Division

APPLICANTS FM and FN PARTIES: RESPONDENT Department of Community Services

FILE NUMBER: 083102; 083103

HEARING DATES: 22 September 2008

SUBMISSIONS CLOSED: 22 September 2008

DATE OF DECISION: 24 October 2008

BEFORE: Montgomery S - Judicial Member

CATCHWORDS: Privacy - information protection principle - disclosure to third party

LEGISLATION CITED : Privacy and Personal Information Protection Act 1998

Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 GR v Department of Housing (No.2) [2005] NSWADT 301 GR v Director-General Department of Housing [2004] NSWADTAP 26 JD Medical Board [2006] NSWADT 345 JD v NSW Medical Board (No.2) [2006] NSWADT 345 CASES CITED: NW v New South Wales Fire Brigades (No 2) [2006] NSWADT 61 NZ v Director General Department of Housing [2006] NSWADT 173 RD v Department of Education and Training [2005] NSWADT 195 Re Rummery & The Federal Privacy Commissioner & Anor [2004] AATA 1221 Shi v Migration Agents Registration Authority [2008] HCA 31 WT v Auburn Council [2007] NSWADT 253 WT v Auburn Council [2008] NSWADTAP 16

APPLICANT In person REPRESENTATION: RESPONDENT S Clarke, solicitor

ORDERS: 1. In matter No. 083102, pursuant to section 55(2)(a) of the Privacy and Personal Information Protection Act 1998, the Department of Community Services is to pay to the applicant damages in the sum of $5,000 2. In matter No. 083103, pursuant to section 55(2)(a) of the Privacy and Personal Information Protection Act 1998, the Department of Community Services is to pay to the applicant damages in the sum of $5,000.