VK v Department of Education & Training (No 3) [2011] NSWADT 168

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: VK v Department of Education & Training (No 3) [2011] NSWADT 168 Hearing dates: 26.03.07, 28.03.07, 18.07.08, 20.04.09 and 17.09.10 Decision date: 13 July 2011 Jurisdiction: General Division Before: R Wilson, Judicial Member Decision: 1.The decision under review is set aside. 2. In lieu thereof the Tribunal decides that the respondent has acted contrary to s.16 and s.18 of the Act in relation to personal information concerning the applicant as set forth in paragraphs 25, 26 and 37 of these reasons. 3. The parties are directed to file and serve upon each other evidence and submissions as to any remedial orders sought pursuant to s.55 of the Act, the applicant to file and serve by 05.08.11, the respondent to file and serve by 19.08.11, and the applicant to file and serve in reply by 26.08.11. 4. The proceedings are listed for further directions on 01.09.11 at 12:30 pm. 5. The parties are granted liberty to apply to the Registrar to vary any of the directions in orders 3 and/or 4 upon the giving of 7 days notice to the other side. Catchwords: Privacy legislation: Disclosure of personal information: Use of personal information: Whether a law reasonably contemplates non-compliance with information protection principles within s.25 of the Act Legislation Cited: Privacy and Personal Information Protection Act 1998 Cases Cited: VK v Department of Education and Training [2007] NSWADT 285 Department of Education and Training v VK (GD) [2010] NSWADTAP 52 PN v Department of Education and Training (GD) [2010] NSWADTAP 59 Director-General, Department of Education and Training v MT (GD) [2005] NSWADTAP 77 JD v Department of Health [2005] NSWADTAP 44 PT v NSW Medical Board [2010] NSWADT 107 Category: Principal judgment Parties: VK (Applicant) Department of Education & Training (Respondent) Representation: VK (Applicant in person) State Crown Solicitor (Respondent) File Number(s): 063020 Publication restriction: Publication of the applicant's true name is prohibited.