MJ v Department of Education and Communities [2015] NSWCATAD 23

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MJ v Department of Education and Communities [2015] NSWCATAD 23 Hearing dates: On the papers Decision date: 24 February 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Lucy, Senior Member Decision: 1. The circumstance that the applicant's application to the Tribunal was made over six months after she was notified of the outcome of her internal review application does not deprive the Tribunal of jurisdiction to review the conduct the subject of her application.

2. Matter to be listed for a planning meeting on Tuesday, 7 April 2015 at 11.30am for the making of further directions. Catchwords: Application under privacy legislation – Whether made within time – Whether time limits apply to the making of the application – Whether privacy applications must be made within a reasonable time Legislation Cited: Privacy and Personal Information Protection Act 1998 (NSW) Health Records and Information Privacy Act 2002 (NSW) Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Civil and Administrative Legislation (Repeal and Amendment) Act 2013 (NSW) Civil and Administrative Tribunal Amendment Act 2013 (NSW) Cases Cited: AT v Commissioner of Police, New South Wales Police Force [2009] NSWADTAP 1 at [34] AT v Commissioner of Police, NSW [2010] NSWCA 131 Category: Principal judgment Parties: MJ (Applicant) Department of Education and Communities (Respondent) Representation: Solicitor: MJ (Applicant in person) W Freakley (Respondent) File Number(s): 1410460 Publication restriction: Disclosure of the applicants' names prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013