NSW Caselaw
Reported Decision : 67 NSWLR 237
New South Wales Court of Appeal
CITATION: Director General, Department of Education and Training v MT [2006] NSWCA 270
HEARING DATE(S): 20 September 2006
JUDGMENT DATE: 29 September 2006
JUDGMENT OF: Spigelman CJ at 1; Ipp JA at 54; Hunt AJA at 55
DECISION: 1 Leave to appeal granted; 2 Appeal allowed with costs; 3 Orders 1-3 made by the Appeal Panel of the Administrative Decisions Tribunal in these matters on 23 December 2005 be set aside; 4 In lieu thereof; (a) Appeal No 049045 is dismissed; (b) Appeal No 049040 is allowed; (c) The order of the Administrative Decisions Tribunal of 3 September 2004 is varied by deleting "18 and 19" from order 1.
CATCHWORDS: PRIVACY LAW – PRIVACY AND PERSONAL INFORMATION ACT 1998 (NSW) – Scope of Information Protection Principles – Public agency is not responsible for use or disclosure of personal information by employee acting for a purpose extraneous to any purpose of the agency - COMPANY LAW – Regulatory framework – Rules of attribution – Employee acting for a purpose extraneous to any purpose of the company
LEGISLATION CITED: Administrative Decisions Tribunal Act 1997: Ch 1 Pt 7 Privacy and Personal Information Protection Act 1998: ss 4(4), 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 52, 53, 55, 56, 62; Pt 2 Div 1; Pt 2 Div 3; Pt 3; Pt 5
AAPT Ltd v Cable and Wireless Optus Ltd (1999) 32 ACSR 63 ABC Developmental Learning Centres Pty Ltd v Wallace [2006] VSC 171 Director of Public Prosecutions Reference No 1 of 1996 [1998] 3 VR 352 Hollis v Vabu Pty Ltd (2001) 207 CLR 21 Linework Limited v Department of Labour [2001] 2 NZLR 639 Meridian Global Funds Management Asia Limited v Securities Commission [1995] 2 AC 500 CASES CITED: Northside Developments Pty Ltd v Registrar-General (1990) 170 CLR 146 R v Commercial Industrial Construction Group Pty Ltd [2006] VSCA 181 Re Supply of Ready Mix Concrete (No 2) [1995] 1 AC 456 Rodriguez v United States, 480 US 522 (1987) Smorgon v Australia and New Zealand Banking Group Ltd (1976) 134 CLR 475 Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661 Tesco Supermarkets Limited v Nattrass [1972] AC 153 The Lady Gwendolen [1965] P 294
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