NW v New South Wales Fire Brigades (No 2) [2006] NSWADT 61

CITATION: NW v New South Wales Fire Brigades (No 2) [2006] NSWADT 61

DIVISION: General Division

APPLICANT PARTIES: NW RESPONDENT New South Wales Fire Brigades

FILE NUMBER: 043031

HEARING DATES: 19/09/2005

SUBMISSIONS CLOSED: 09/19/2005

DATE OF DECISION: 03/03/2006

BEFORE: O'Connor K - DCJ (President)

CATCHWORDS: Review of conduct of public sector agency

MATTER FOR DECISION: Order

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Industrial Relations Act 1996 Privacy and Personal Information Protection Act 1998

NW v New South Wales Fire Brigades [2005] NSWADT 73 NR and NP v Roads and Traffic Authority [2004] NSWADT 276 FM v Vice Chancellor, Macquarie University [2003] NSWADT 78 Vice-Chancellor Macquarie University v FM [2005] NSWCA 192 CASES CITED: March v Stramare (1991) 171 CLR 506 Rummery and Federal Privacy Commissioner and anor [2004] AATA 1221 D & R Commercial Pty Ltd v Flood (2002) 113 IR 344 Gamble v Alaska Air Pty Ltd [2005] NSWIRComm 1063 RD v Department of Education and Training [2005] NSWADT 195

APPLICANT J Nolan of counsel instructed by G Lowe, NSW Fire Brigade Employees' Union REPRESENTATION: RESPONDENT S Prince of counsel instructed by P Macken, solicitor, Leigh Virtue & Associates

ORDERS: 1. Pursuant to s 55(2)(c) of the Privacy and Personal Information Protection Act 1998, that the respondent agency formulate, after appropriate consultation, a statement of practice in relation to the use and disclosure of personal information contained in occurrence books; to do so within 6 months; and to place the statement in the occurrence books or in some nearby location where it can be readily consulted. Any variation of the terms of this order only to occur if approved by the Office of Privacy Commissioner; 2. Applicant to pay the respondent's costs of counsel's attendance on 8 August 2005, if he had been briefed prior to 2 August 2005.