AHW v President, Anti- Discrimination Board [2012] NSWADT 164

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AHW v President, Anti- Discrimination Board [2012] NSWADT 164 Hearing dates: On the papers Decision date: 10 August 2012 Jurisdiction: General Division Before: P H Molony, Judicial Member Decision: The Tribunal determines to take no further action in this matter. Catchwords: Privacy and Personal Information Protection - collection - disclosure Legislation Cited: Privacy and Personal Information Protection Act 1998 Administrative Decisions Tribunal Act 1997 Cases Cited: Department of Education and Training v ZR (No 2) (GD) [2009] NSWADTAP 44 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Category: Principal judgment Parties: AHW (Applicant) President, Anti- Discrimination Board (Respondent) Representation: AHW (Applicant in person) Crown Solicitor (Respondent) Privacy Commissioner File Number(s): 113352

REASONS FOR DECISION

Introduction 1AHW has applied to the Tribunal to review the conduct of the Anti-Discrimination Board (the Agency) in disclosing his personal address details to the person who was the subject a victimisation complaint he made in a letter dated 25 August 2011. AHW says that this disclosure was in breach of the information protection principles contained in the Privacy and Personal Information Protection Act 1998 (the PPIP Act) and of the Agency's own "Guarantee of Service." 2At a planning meting held on 7 February 2012 it became apparent that there was no dispute concerning the facts of the matter. The issues were whether or not, on those facts, there had been a breach of s 10(c) and s 18 of the PPIP Act. I decided to determine those issues on the papers. I made directions for the filing of submissions by the parties and the Privacy Commissioner. I was and remain of the view that the question of whether there has been a breach of s 10(c) and s 18 of the PPIP Act can be adequately determined on the papers without a hearing.