EN v University of Technology, Sydney [2009] NSWADT 50

CITATION: EN v University of Technology, Sydney [2009] NSWADT 50

DIVISION: General Division

APPLICANT EN PARTIES: RESPONDENT University of Technology, Sydney

FILE NUMBER: 093040

HEARING DATES: 17 February 2009

SUBMISSIONS CLOSED: 17 February 2009

DATE OF DECISION: 5 March 2009

BEFORE: Handley R - Deputy President

CATCHWORDS: Privacy - jurisdiction - internal review application out of time

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

BE v University of Technology, Sydney [2008] NSWADT 139 CASES CITED: Y v Director-General, Department of Education and Training [2001] NSWADT 137 MG v Director-General, Department of Education and Training [2004] NSWADT 137 MG v Director-General, Department of Education and Training [2004] NSWADTAP 45

APPLICANT BE, agent for EN REPRESENTATION: RESPONDENT R Henderson, barrister

(1) The Tribunal has jurisdiction with regard to EN's application in relation to (a) the lost correspondence, and (b) the alleged inaccurate information about EN's teaching ORDERS: (2) The Tribunal does not have jurisdiction with regard to the alleged inaccurate information about EN's PhD candidature (3) The Tribunal is not satisfied that there is clear evidence of a request by EN for the amendment of specific personal information held by the University of Technology, Sydney falling within the scope of the internal review applications, other than that in respect of the 'fail' entry on EN's academic record.