GA v Department of Education and Training [2005] NSWADT 47

CITATION: GA v Department of Education and Training [2005] NSWADT 47 This decision has been amended. Please see the end of the decision for a list of the amendments. DIVISION: General Division APPLICANT PARTIES: GA RESPONDENT Department of Education and Training FILE NUMBER: 043381 HEARING DATES: 24/01/2005 SUBMISSIONS CLOSED: 01/24/2005 DATE OF DECISION: 03/04/2005

BEFORE: Hennessy N - Magistrate (Deputy President) APPLICATION: Jurisdiction MATTER FOR DECISION: Preliminary matter LEGISLATION CITED : Privacy & Personal Information Protection Act 1998 Australian Conservation Foundation Inc v Commonwealth [1983] VR 385 Australian Institute of Marine and Power Engineers v Secretary, Department of Transport (1986) 71 ALR 73 CASES CITED: GL v Director-General, Department of Education and Training [2003] NSWADT 166 JD v Director General, NSW Department of Health [2004] NSWADT 7 (revised) Minister for Family Services v SmithKline Beecham (Aust) Pty Ltd (1994) 121 ALR 373 Tooheys Ltd v Minister for Business and Consumer Affairs (1981) 36 ALR 64. APPLICANT REPRESENTATION: In person RESPONDENT Dr A Bendall, solicitor ORDERS: 1. The Tribunal has jurisdiction to deal with conduct referable to eight comments recorded by Ms Diamond in her report dated 16 August 2002, namely the items numbered 3, 8, 9, 10, 11, 12, 13 and 14; 2. GA does not have standing in relation to items 1, 2, 4, 5, 6 and 7; 3. GA's standing in relation to item 15 will be determined at the hearing into the substantive application; The Tribunal directs that:; GA file and serve written submissions in support of his application identifying the precise nature and extent of the conduct within 28 days of receiving this decision; The Department file and serve written submissions in support of its case within a further 28 days; Registry to allocate a hearing date suitable to Tribunal and both parties