XW v Department of Education and Training (No 2) [2010] NSWADT 17

CITATION: XW v Department of Education and Training (No 2) [2010] NSWADT 17

DIVISION: General Division

APPLICANT XW PARTIES: RESPONDENT Department of Education and Training

FILE NUMBER: 063319

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 23 November 2009

DATE OF DECISION: 19 January 2010

BEFORE: Montgomery S - Judicial Member

CATCHWORDS: Privacy – information protection principle – personal information –Health information – health privacy principle – security

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Privacy and Personal Information Protection Act 1998 Health Records and Information Privacy Act 2002

CASES CITED: XW v Department of Education and Training [2009] NSWADT 73

APPLICANT ZR, agent REPRESENTATION: RESPONDNENT J McDonnell, solicitor

ORDERS: The Tribunal determines to take no action with respect to the application.

REASONS FOR DECISION

1 In these reasons the names of private individuals, and other information which might identify them, have been anonymised so as to preserve the privacy of their personal affairs. The applicant is referred to as XW.

2 These proceedings concern the security of documents containing information relating to the personal affairs of XW held by a school (referred to as "the School") operated by the NSW Department of Education and Training ("the Department"). XW applied to the Tribunal for review of conduct of the Department and alleged that the Department had contravened s12(c) of the Privacy and Personal Information Protection Act 1998 ("the PPIP Act").