MH v NSW Maritime [2011] NSWADT 248

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: MH v NSW Maritime [2011] NSWADT 248 Hearing dates: 11 and 12 November 2010, 3 December 2010 Decision date: 01 November 2011 Before: P Molony, Judicial Member Decision: 1.The Tribunal orders that NSW Maritime refrain from any further conduct in breach of the IPP's in s 12(c), and s 18 of the Act. 2.The Tribunal orders NSW Maritime to apologise to MH for the conduct in breach of the IPPs. 3.The Applicant shall file and serve any submissions he wishes to make on the issue of costs - together with a detailed list of costs and expenses (with evidence of expenditure) within 28 days of the publication of these reasons. 4.NSW Maritime shall file and serve any submissions in reply within a further 28 days. Catchwords: Privacy and Person Information Protection Act - personal information - failure to secure - use - disclosure - attribution of conduct to agency Legislation Cited: Administrative Decisions Tribunal Act 1997 Legal Profession Act 2004 Ports Corporatisation & Waterways Act 1995 Privacy and Personal Information Protection Act 1998 Cases Cited: Department of Education & Training v GA (No. 3) [2004] NSWADTAP 50 Department of Education and Training v ZR (No 2) (GD) [2009] NSWADTAP 44 Director General, Department of Education and Training v MT [2006] NSWCA 270 GR v Director-General, Department of Housing [2004] NSWADTAP 25 HP v Hunter New England Area Health Services [2009] NSWADT 186 JD v Medical Board (NSW) (No. 2) [2006] NSWADT 345 JS v Snowy River Shire Council [2010] NSWADT 247 NW v NSW Fire Brigades (No. 2) [2006] NSWADT 61 PN v Department of Education and Training (GD) [2010] NSWADTAP 59 WT v Auburn Council [2007] NSWADT 253 WT v Auburn Council [2008] NSWADTAP 16 ZR v Department of Education and Training [2009] NSWADT 84 Texts Cited: Investigation into the misuse of resources by a NSW Maritime Legal Services Branch Officer, September 2010, ICAC Category: Principal judgment Parties: MH (Applicant) NSW Maritime (Respondent) Representation: MH (Applicant in person) Crown Solicitor (Respondent) Privacy Commissioner, J McAteer File Number(s): 103163