GA v Department of Education and Training & NSW Police (No 2) [2005] NSWADT 10

CITATION: GA v Department of Education and Training & NSW Police (No 2) [2005] NSWADT 10 This decision has been amended. Please see the end of the decision for a list of the amendments. DIVISION: General Division APPLICANT GA PARTIES: FIRST RESPONDENT Director General, Department of Education and Training SECOND RESPONDENT Commissioner of Police, NSW Police FILE NUMBER: 023250; 043159 HEARING DATES: 02/09/2004 SUBMISSIONS CLOSED: 12/17/2004 DATE OF DECISION: 01/20/2005

BEFORE: Robinson MA - Judicial Member APPLICATION: Jurisdiction - Privacy - information protection principle - disclosure to third party - Privacy - information protection principle - personal information - use MATTER FOR DECISION: Preliminary matter LEGISLATION CITED : Privacy & Personal Information Protection Act 1998 Chapman v Commissioner of Police, New South Wales Police (GD) [2004] NSWADTAP 16 CASES CITED: GA & Ors v Department of Education and Training and NSW Police (GD) [2004] NSWADTAP 18 GA v Department of Education and Training (No 3) (GD) [2004] NSWADTAP 50 APPLICANT In person REPRESENTATION: FIRST RESPONDENT S Free, solicitor SECOND RESPONDENT P McLaughlin, solicitor ORDERS: 1. The Tribunal does not have jurisdiction in this case to review conduct or alleged contraventions relating to that which is described in these reasons as "Transaction Two" in respect of the first and second respondents; 2. The Tribunal will go on to determine at a hearing what arises, if anything, from Point 4 of the second page of the letter from the Principal to the second respondent dated 23 October 2001 as remitted by the Appeal Panel on 25 May 2004 ("the Point 4 issue"); 3. At that hearing, the Tribunal will not permit the adducing of any further evidence regarding the Point 4 Issue. The hearing will comprise submissions only; 4. The hearing of the Point 4 issue is fixed for 3 March 2005. It is desirable for the parties to exchange and file written submissions before the hearing.