ACO V Department of Education & Training [2012] NSWADT 79

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: ACO V Department of Education & Training [2012] NSWADT 79 Hearing dates: On the papers Decision date: 30 April 2012 Jurisdiction: General Division Before: P H Molony, Judicial Member Decision: The application is dismissed Catchwords: Privacy and Personal Information Protection Act - Legislation Cited: Privacy and Personal Information Protection Act 1998 -personal information - information or an opinion about an individual's suitability for appointment or employment as a public sector official Cases Cited: AF v HealthQuest [2011] NSWADT 99 Department of Education and Training v PN (GD) [2006] NSWADTAP 66 GA & Ors v Department of Education & Training and NSW Police [2004] (GD) NSWADTAP 18 GL v Director-General, Department of Education and Training [2003] NSWADT 166 PN v Department of Education & Training [2006] NSWADT 122 Y v Director General, Department of Education [2001] NSWADT 149 Category: Interlocutory applications Parties: ACO (Applicant) Department of Education & Training (Respondent) Privacy Commissioner of NSW Representation: ACO (Applicant in person) (Respondent) Privacy Commissioner File Number(s): 113113

REasons for decision

Introduction 1This is a preliminary decision concerning whether certain information, which is the subject matter of ACO's application under the Privacy and Personal Information Protection Act 1998 (the PPIP Act), is excluded from the definition "personal information" for the purposes of section 4 of the PPIP Act, as it is "information or an opinion about an individual's suitability for appointment or employment as a public sector official," under 4(3)(j) of the PPIP Act. 2If the information falls within the later category it is not personal information to which the PPIP Act applies, and the Tribunal has no jurisdiction to review the conduct with respect to that information. 3ACO is the review applicant. The respondent is the Department of Training & Education (the agency). 4At a planning meeting held on 27 September 2011 I determined to determine the preliminary issue on the papers. I made orders for the parties to file and serve submission. Each of them, including the Privacy Commissioner, has made submissions to which I have had regard. 5I was and remain satisfied, that the issue requiring preliminary determination in this case can be adequately determined, in the absence of the parties, on the papers.