AHS v Roads and Maritime Services [2012] NSWADT 116

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AHS v Roads and Maritime Services [2012] NSWADT 116 Hearing dates: On the papers Decision date: 15 June 2012 Jurisdiction: General Division Before: N Isenberg, Judicial member Decision: Order under subsection 55(2) of the Privacy Act to take no action on this matter. Catchwords: Demerit points – collection of information – use by agency Legislation Cited: Privacy and Personal Information Protection Act 1998 Road Transport (Driver Licensing) Regulations 2008 Cases Cited: JD v Department of Health (GD) [2005] NSWADTAP 44 JD v NSW Medical Board [2005] NSWADT 247 MT v Department of Education and Training [2004]NSWADT 194 Category: Principal judgment Parties: AHS (Applicant) Roads and Maritime Services (Respondent) Representation: AHS (Applicant in person) Henry Davis York (Respondent) File Number(s): 113346

REASONS FOR DECISION

Background 1The applicant, 'AHS', is a citizen of Egypt. Upon his arrival in Australia he drove using his overseas licence, until, in October 2010 he began to take steps to obtain a NSW licence. In November 2010 he passed the driving test. Shortly thereafter he sought advice from the RTA (as the relevant part of the respondent was then known) about the effect of accumulated demerit points on an international licence, but received conflicting advice. Ultimately, the 18 demerit points he had acquired in the preceding 3 years while driving on his international licence were transferred to his new NSW licence, which was, as a result, suspended. 2The applicant submitted that the respondent breached the Privacy and Personal Information Protection Act 1998 (the Privacy Act ) by its collection of information about the demerit points acquired while on his international licence, by its failure to check the accuracy of that information, and the use and disclosure of that information. 3The applicant seeks a review of the respondent's conduct pursuant to section 55(1) of the Privacy Act.