AQL v NSW Trustee and Guardian [2014] NSWCATAD 116

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: AQL v NSW Trustee and Guardian [2014] NSWCATAD 116 Hearing dates: 18 December 2013 Decision date: 19 August 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Decision: 1. Subject to the applicant providing the respondent, within 28 working days, a list of amendments, in accordance with the requirements of s 15 of the PPIP Act, to his personal information in the Review Report, the respondent's internal review of its conduct in this regard is set aside and remitted for reconsideration under para 63(3)(d) of the Administrative Decisions Review Act 1997 (formerly 63(3)(d) of the Administrative Decisions Tribunal Act 1997). 2. The Tribunal otherwise determines to take no further action in this matter, pursuant to subs 55(3) of the Privacy and Personal Information Protection Act 1998. Catchwords: Administrative Review - privacy - personal information - whether personal information excluded by reason of being information or opinion about an individual's suitability for appointment - review of conduct of government agency - alleged breach of the collection use and disclosure information protection principles - unsolicited information Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Freedom of Information Act 1989 (repealed) NSW Trustee and Guardian Act 2009 Public Sector Employment and Management Act 2002 Privacy and Personal Information Protection Act 1998 Cases Cited: AF v Healthquest [2011] NSWADT 99 AF v Minster for Health [2012] NSWADTAP 16 AFC v Sydney Children's Hospital Speciality Network [2012] NSWADT 189 ARC v Northern NSW Local Health District [2014] NSWCATAD109 Department of Education & Training v PN [2006] NSWADTAP 66 Department of Education and Communities v VK (GD) [2011] NSWADTAP 61 EY v Department of Corrective Services [2009] NSWADTAP 25 MT v Department of Education and Training [2004] NSWADT 194 NK v Northern Sydney Central Coast Area Health Service [2010] NSWADT 258 PN v Department of Education and Training (GD) [2010] NSWADTAP 59 UH v Department of Justice & Attorney General [2011] NSWADT 49 Vice-Chancellor Macquarie University v FM [2005] NSWCA 192 VK v Department of Education & Training (No3) [2011] NSWADT 168 Y v Director General, Department of Education & Training [2001] NSWADT 149 ZR v NSW Department of Education & Training [2009] NSWADTAP 69 Category: Principal judgment Parties: AQL (Applicant) NSW Trustee and Guardian (Respondent) Representation: AQL (Applicant in person) Crown Solicitor (Respondent) File Number(s): 133140 Publication restriction: Pursuant to Section 75 (2) of the Administrative Decision Tribunal Act 1997 the name of the applicant is not to be published.