JT v Technical and Further Education Commission (No 2) [2011] NSWADT 291

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: JT v Technical and Further Education Commission (No 2) [2011] NSWADT 291 Hearing dates: On the papers Decision date: 08 December 2011 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: 1. JT's application is dismissed. 2. The Respondent has leave to have the matter relisted should it wish to pursue the issue of costs. Catchwords: Personal information - health information - failure to secure - use Legislation Cited: Administrative Decisions Tribunal Act 1997 Health Records and Information Privacy Act 2002 Privacy and Personal Information Protection Act 1998 Cases Cited: JT v Technical and Further Education Commission [2010] NSWADT 85 JT v Technical and Further Education Commission [2011] NSWADT 63 Category: Principal judgment Parties: JT (Applicant) Technical and Further Education Commission (Respondent) Representation: Counsel P Ginters (Respondent) JT (Applicant in person) Crown Solicitor (Respondent) Privacy Commissioner, J McAteer File Number(s): 083301 Publication restriction: Section 75(2)(b) of the Administrative Decisions Tribunal Act 1997 applies in relation to the identity of the Applicant.

REasons for decision 1GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): In these reasons the names of several private individuals have been anonymised so as to preserve the privacy of their personal affairs. The Applicant is referred to as JT. I have also limited my discussion of the evidence in order to avoid the possibility that the identities of individuals might be revealed. 2JT has applied to the Tribunal for review of a decision of the Respondent concerning alleged breaches of the Privacy and Personal Information Protection Act 1998 ("PPIP Act") and the Health Records and Information Privacy Act 2002 ("HRIP Act"). JT's alleged the improper use of information about him contained in a counselling file held by the Counselling and Careers Service at a TAFE college operated by the Respondent ("the relevant TAFE"). The Respondent accepts that the file contains both "personal information" about JT as defined in section 4 of the PPIP Act and "personal information" and "health information" about JT as defined in sections 4 and 5 of the HRIP Act. 3JT's allegations relate to the conduct of a number of officers employed by the Respondent. The identity of those officers will also be anonymised. 4I have previously dealt with a number of issues that the Respondent raised in regard to the application. My decisions are recorded as JT v Technical and Further Education Commission [2010] NSWADT 85 and JT v Technical and Further Education Commission [2011] NSWADT 63 ("the March 2011 decision"). JT's application for leave to appeal those decisions was unsuccessful. 5As a consequence of the decisions I have already taken in this matter, I have disposed of much of JT's application. 6The substantive matter was listed for hearing on 28 April 2011. On that day I was satisfied the matter was one that could be decided "on the papers" as provided for by section 76 of the Administrative Decisions Tribunal Act 1997 ("the ADT Act") and I made directions setting a timetable for the finalisation of the matter. Each of the parties has filed further material and I have taken that material into consideration.