ZR v Department of Education and Training (GD) [2010] NSWADTAP 75

Appeal Panel - Internal

CITATION: ZR v Department of Education and Training (GD) [2010] NSWADTAP 75

APPELLANT ZR PARTIES: RESPONDENT Department of Education and Training

FILE NUMBER: 089065

HEARING DATES: 13 May 2010

SUBMISSIONS CLOSED: 13 May 2010

DATE OF DECISION: 11 November 2010

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

CATCHWORDS: PRIVACY - Appeal - Interactions with school staff and district office staff - Records of interviews - Complaint Form - Internal memorandums - 'Collection' - 'Unsolicited' information exclusion - Interpretation and application - 'Use' of information - Interpretation and application - Tribunal procedure - Fact finding process - Application for leave to extend to merits - not granted - Privacy and Personal Information Protection Act 1998, ss 4(5), 8, 9, 10, 11, 16, 17

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 Act 1988 (Cth) Privacy and Personal Information Protection Act 1998

BN v Hornsby Shire Council [2008] NSWADT 249 Department of Education and Training v ZR (No 2) (GD) [2009] NSWADTAP 44 GL v Department of Education & Training [2003] NSWADT 166 KD v Registrar NSW Medical Board [2004] NSWADT 5 CASES CITED: MT v Director General, NSW Department of Education & Training [2004] NSWADT 194 PN v Department of Education & Training [2009] NSWADT 287 Seven Network (Operations) Limited v Media Entertainment and Arts Alliance [2004] FCA 637 Vice-Chancellor, Macquarie University v FM (GD) [2003] NSWADTAP 43 ZR v NSW Department of Education and Training (GD) [2009] NSWADTAP 69 ZR v NSW Department of Education and Training [2008] NSWADT 199