RL v Department of Education and Training [2009] NSWADT 257

CITATION: RL v Department of Education and Training [2009] NSWADT 257

DIVISION: General Division

APPLICANT RL PARTIES: RESPONDENT Department of Education and Training

FILE NUMBER: 053263

HEARING DATES: 14 February 2007, 13 June 2007, 4 December 2007 and 7 April 2008

SUBMISSIONS CLOSED: 29 April 2009

DATE OF DECISION: 1 October 2009

BEFORE: Wilson R - Judicial Member

CATCHWORDS: Privacy Act: whether information can be solicited by an agency otherwise than by specific request - whether personal information can be disclosed to a person already aware of that information

LEGISLATION CITED : Privacy and Personal Information Protection Act 1998

ZR v NSW Department of Education and Training [2008] NSWADT 199 OA v NSW Department of Housing [2005] NSWADT 233 CASES CITED: MT v Director-General, Department of Education and Training [2004] NSWADT 194 Vice-Chancellor Macquarie University v FM [2005] NSWCA 192 Director General, Department of Education and Training v MT [2005] NSWADTAP 77 Foster v FCT (1951) 82 CLR 606 at 614-615

APPLICANT In person REPRESENTATION: RESPONDENT J McDonnell (first two days hearing) A Johnson (second two days of hearing)

ORDERS: 1. The proceedings are adjourned for a planning meeting on 27 October 2009 at 3:30 pm to progress the matter, the parties being granted leave to approach the Registry should this date be not suitable.

REASONS FOR DECISION 1 These proceedings have been commenced by the applicant in which she alleges breaches of the Privacy and Personal Information Protection Act 1998 and in which she seeks damages, an apology and rectification of misleading or incorrect records.