NX v Office of the Director of Public Prosecutions [2005] NSWADT 74

CITATION: NX v Office of the Director of Public Prosecutions [2005] NSWADT 74 DIVISION: General Division APPLICANT PARTIES: NX RESPONDENT Office of the Director of Public Prosecutions FILE NUMBER: 043071 HEARING DATES: On the papers SUBMISSIONS CLOSED: 11/03/2004 DATE OF DECISION: 04/04/2005

BEFORE: Montgomery S - Judicial Member APPLICATION: Privacy - information protection principle - collection - unlawful - Privacy - information protection principle - disclosure to third party - Privacy - information protection principle - personal information - use MATTER FOR DECISION: Principal matter Criminal Records Act 1991 LEGISLATION CITED : Criminal Records Regulation 1999 Director of Public Prosecutions Act 1986 Privacy & Personal Information Protection Act 1998 FM v Vice Chancellor, Macquarie University [2003] NSW ADT 78 GV v Office of the Director of Public Prosecutions [2003] NSWADT 177 CASES CITED: HW v Director of Public Prosecutions (No 2) [2004] NSWADT 73 KJ v Wentworth Area Health Service [2004] NSWADT 84 MT v Director General, NSW Department of Education and Training [2004] NSWADT 194 Taikato v The Queen (1996) 186 CLR 454 APPLICANT REPRESENTATION: In person RESPONDENT R Gray, solicitor ORDERS: 1. I find that there have been contraventions of sections 9, 12(3) and 12(4) of the Privacy and Personal Information Protection Act 1998; 2. NX's application for an award of damages is dismissed; 3. In my view no further order is warranted