ZR v NSW Department of Education and Training (GD) [2009] NSWADTAP 69

Appeal Panel - Internal

CITATION: ZR v NSW Department of Education and Training (GD) [2009] NSWADTAP 69

APPELLANT ZR PARTIES: RESPONDENT NSW Department of Education and Training

FILE NUMBER: 099025

HEARING DATES: 31 August 2009

SUBMISSIONS CLOSED: 31 August 2009

DATE OF DECISION: 25 November 2009

BEFORE: O'Connor K - DCJ (President); Fitzgerald K - Judicial Member; Bolt M - Non-Judicial Member

CATCHWORDS: Privacy – Appeal – Attribution of Conduct to Agency – Union Meeting – Jurisdiction – Scope of Internal Review – Whether Conduct in issue involved Collection – Appeal Dismissed – Privacy and Personal Information Protection Act 1998

DECISION UNDER APPEAL: ZR v NSW Department of Education and Training (No 2) [2009] NSWADT 84

FILE NUMBER UNDER APPEAL: 063440

DATE OF DECISION UNDER APPEAL: 04/21/2009

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Education Act 1990

Azzopardi v Tasman UED Industries Ltd (1985) 4 NSWLR 149 Bruce v Cole (1998) 45 NSWLR 163 CDJ v VAJ (1998) 197 CLR 172 Department of Education and Training v ZR (No 2) [2009] NSWADTAP 44 Director General, Department of Education and Training v MT [2006] NSWCA 270; (2006) 67 NSWLR 237 CASES CITED: Hinton v Commissioner for Fair Trading, Office of Fair Trading [2007] NSWADTAP 17 KO & KP v Commissioner of Police, New South Wales Police [2005] NSWADT 18 MT v Director General, NSW Department of Education & Training [2004] NSWADT 194 O'Sullivan v Central Sydney Area Health Service [2005] NSWADT 16 Patsalis v Commissioner of Police, New South Wales Police [2003] NSWADT 171 ZR v NSW Department of Education and Training (No 2) [2009] NSWADT 84