UT v NSW Department of Corrective Services [2010] NSWADT 221

CITATION: UT v NSW Department of Corrective Services [2010] NSWADT 221

DIVISION: General Division

APPLICANT UT PARTIES: RESPONDENT Department of Corrective Services

FILE NUMBER: 083215

HEARING DATES: 18 September 2009 and 27 April 2010

SUBMISSIONS CLOSED: 1 June 2010

DATE OF DECISION: 9 September 2010

BEFORE: Wilson R - Judicial Member

CATCHWORDS: Evidence - whether evidence sufficient to establish breach of privacy legislation

LEGISLATION CITED : Privacy and Personal Information Protection Act 1998

APPLICANT In person REPRESENTATION: RESPONDENT Ms Brus, barrister

ORDERS: 1. The applicant is granted leave to re-open his case and adduce further evidence and submissions 2. In relation to the substantive proceedings the decision under review is affirmed.

REASONS FOR DECISION

1 The applicant has brought these proceedings in the Tribunal pursuant to the provisions of the Privacy and Personal Information Protection Act 1998 following an unsuccessful application for internal review.

2 Following an initial hearing on 18.09.09 the applicant sought leave to re-open his case in order to adduce additional evidence and to make further arguments in support of his case. This application had in fact been foreshadowed by the applicant at an earlier stage. The parties addressed this application at hearing on 27.04.10 and, at the same time, addressed the substantive issues arising should such leave be given. Further time was then allowed for the parties to file additional submissions should they be so advised. Consequently, both the interlocutory application to re-open and the substantive review were reserved as at 01.06.10.