Director General, Department of Education and Training v MT (GD) [2005] NSWADTAP 77

Set aside by Appeal : Set aside by appeal on 20 September 2006 (Director General, Department of Education & Training v MT [2006] NSWCA 270)

Appeal Panel - Internal

CITATION: Director General, Department of Education and Training v MT (GD) [2005] NSWADTAP 77 FIRST APPELLANT Director General, Department of Education and Training FIRST RESPONDENT PARTIES: MT SECOND APPELLANT MT SECOND RESPONDENT Director General, Department of Education and Training FILE NUMBER: 049040 and 049045 HEARING DATES: 16/12/2004 & 31/05/2005 SUBMISSIONS CLOSED: 07/01/2005 DATE OF DECISION: 12/23/2005

MT v Director General, NSW Department of Education & Training [2004] NSWADT 194 DECISION UNDER APPEAL: BEFORE: O'Connor K - DCJ (President); Higgins S - Judicial Member; Antonios Z - Non Judicial Member CATCHWORDS: adequacy of reasons - statutory interpretation MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 033230 DATE OF DECISION UNDER APPEAL: 09/03/2004 Administrative Decisions Tribunal Act 1997 Freedom of Information and Protection of Privacy Act 1990 (Ontario) Health Records and Information Privacy Act 2002 LEGISLATION CITED : Human Rights and Equal Opportunity Commission Act 1986 (Cth) Personal Information Protection and Electronic Documents Act 2000 (Can) Privacy Act 1988 (Cth) Privacy and Personal Information Protection Act 1998 State Records Act 1998 MT v Director General, NSW Department of Education & Training [2004] NSWADT 194 Vice-Chancellor Macquarie University v FM [2005] NSWCA 192 FM v Vice Chancellor, Macquarie University [2003] NSWADT 78 GL v Director-General, Department of Education and Training [2003] NSWADT 166 KD v Registrar, NSW Medical Board [2004] NSWADT 5 R v Brown [1996] 1 All ER 545 (HL) Seager v Copydex Ltd [No 1] [1967] 1 WLR 923 Corrs Pavey Whiting & Byrne v Collector of Customs (Vic) (1987) 14 FCR 434; 74 ALR 428; 13 ALD 254 Smith Kline & French Laboratories (Aust) Ltd v Secretary, Department of Community Services & Health (1990) 22 FCR 73; 95 ALR 87 CASES CITED: Talbot v General Television Corporation Pty Ltd [1980] vr 224 Soulemezis -v- Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Mifsud v Campbell (1991) 21 NSWLR 725 Beale v Government Insurance Office (1997) 48 NSWLR 430 Attorney General of the Commonwealth v Oates (1999) 198 CLR 162; (1999) 164 ALR 393 Oates v Williams (1998) 84 FCR 348; 156 ALR 1 Re L'Annee Kane International Pty Ltd & Australian Trade Commission (1998) 50 ALD 279 W v Edgell [1990] 1 All ER 835 (CA) R v Devon CC, ex p L [1991] FLR 541 R v Harrison (unrtd, CA, Rougier J, 10 July 2000) FIRST APPELLANT/SECOND RESPONDENT REPRESENTATION: J McDonnell, solicitor, Crown Solicitor's Office FIRST RESPONDENT/SECOND APPELLANT S Pritchard of consel instructed by S Moran, Public Interest Advocacy Centre ORDERS: 1. Appeal No. 049045 (Appeal by Review Applicant): Appeal allowed in part. The Tribunal's finding in relation to s 16 is set aside ; 2. Appeal No. 049040 (Appeal by Department): Appeal allowed in part. The findings in relation to contravention of ss 18 and 19 are set aside. The following finding is substituted: The Department's conduct in disclosing health information to the soccer club president about the applicant acquired by its employee from school records constitutes a contravention of s 18, as varied by s 19(1); 3. The application is remitted to the Tribunal on the following basis:; (a) to make a finding as to whether the conduct contravened s 16; and ; (b) to make further orders