Department of Education and Training v EM (GD) [2011] NSWADTAP 4

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Department of Education and Training v EM (GD) [2011] NSWADTAP 4 Hearing dates: 9 September 2010 Decision date: 22 February 2011 Before: Judge K P O'Connor, President Decision: 1. Grant leave to appeal. 2. Decision under appeal set aside. The review application is remitted to the Tribunal differently constituted. Catchwords: PRIVACY - Jurisdiction - Application for Review of Conduct - Time Bar - "First Became Aware" of Conduct - Interpretation - Subjective Test - Whether Applicant's evidence should have been considered, not only Agent's evidence - Appeal allowed - Remitted - Privacy and Personal Information Protection Act 1998, s 53(3)(d) Legislation Cited: Administrative Decisions Tribunal Act 1997 Health Records and Information Privacy Act 2002 Privacy and Personal Information Protection Act 1998 Cases Cited: Apollo Shower Screens Pty Ltd v Building and Construction Industry Long Service Payments Corporation (1985) 1 NSWLR 561 BQ v Commissioner of Police, NSW Police Service [2002] NSWADT 64 Commonwealth of Australia v Smith [2005] NSWCA 478 Deming No 456 Pty Ltd v Brisbane Unit Development Corporation Pty Ltd [1983] HCA 44; (1983) 155 CLR 129 Galea v Bagtrans Pty Limited [2010] NSWCA 350 Goodrich Aerospace Pty Limited v Arsic [2006] NSWCA 187; (2006) 66 NSWLR 186 Harris v Commercial Minerals Ltd (1995-96) 186 CLR 1 Hill v Repatriation Commission [2005] FCAFC 23 Jones v Dunkel [1959] HCA 8; (1958-1959) 101 CLR 298 MG v Director General, Department of Education and Training [2004] NSWADTAP 45 Mifsud v Campbell (1991) 21 NSWLR 725 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Re Bessey and Australian Postal Corp (2000) 60 ALD 529 Re Kumar and Minister for Immigration and Citizenship (2009) 107 ALD 178; [2009] AATA 124 Re Perring and Australian Postal Corp (1993) 31 ALD 693 Re Rodgers and Secretary, Dept of Social Security (1991) 24 ALD 720 Sun Alliance Insurance Ltd v Massoud [1989] VR 8 Xu v Director of Housing [2008] VSC 82 Category: Principal judgment Parties: Department of Education and Training (Appellant) EM (Respondent) Representation: Counsel K Edwards (Appellant) Solicitors: L Ragupathy (Legal Officer - Appellant) N/A (Respondent) File Number(s): 109042 Decision under appeal Jurisdiction: 9108 Citation: EM v Department of Education and Training (No. 2) [2010] NSWADT 141 Date of Decision: 2010-06-08 00:00:00 Before: General Division File Number(s): 083033