Department of Education and Training v ZR (No 2) (GD) [2009] NSWADTAP 44

Appeal Panel - Internal

CITATION: Department of Education and Training v ZR (No 2) (GD) [2009] NSWADTAP 44

APPELLANT Department of Education and Training PARTIES: RESPONDENT ZR

FILE NUMBER: 089063

HEARING DATES: On the papers

DATE OF DECISION: 7 July 2009

BEFORE: O'Connor K - DCJ (President); Molony P - Judicial Member; Antonios Z - Non-Judicial Member

CATCHWORDS: Jurisdiction – Conduct not raised by Original Complaint – Not considered by Internal Review – Whether conduct can be subject of Application to Tribunal – Held not permissible – Privacy and Personal Information Protection Act 1998, s 53, s 55

DECISION UNDER APPEAL: ZR v NSW Department of Education and Training [2008] NSWADT 199

FILE NUMBER UNDER APPEAL: 073081

DATE OF DECISION UNDER APPEAL: 07/21/2008

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

Department of Education and Training v GA (No.3) [2004] NSWADTAP 50 Department of Education and Training v ZR (GD) [2009] NSWADTAP 29 FY v Commissioner, Health Care Complaints Commission [2003] NSWADT 128 CASES CITED: 'KO' & 'KP' v Commissioner of Police, New South Wales Police [2005] NSWADT 18 KO and KP v Commissioner of Police, New South Wales Police (GD) [2005] NSWADTAP 56 NZ v Commissioner of Police, New South Wales Police [2005] NSWADT 213 OA v New South Wales Department of Housing [2005] NSWADT 233