MJ v Department of Education and Communities (No. 2) [2015] NSWCATAD 191

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MJ v Department of Education and Communities (No. 2) [2015] NSWCATAD 191 Hearing dates: 22 June 2015 Decision date: 18 September 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Lucy Senior Member Decision: 1. The Tribunal does not have jurisdiction to review the conduct of the respondent concerning the alleged loss of a medical certificate dated 19 August 2011. 2. The Tribunal does not have jurisdiction to review the conduct of the respondent in recording allegedly false information about the applicant in an email dated 5 February 2008. 3. The matter is listed for a planning meeting on 27 October at 10:30am. Catchwords: PRIVACY – Tribunal's jurisdiction to review conduct – Whether application for internal review made within six months of applicant becoming aware of respondent's conduct – Applicant's awareness of respondent's acts or omissions and their legal significance – Whether constructive knowledge of the legal significance of the respondent's acts or omissions is sufficient Legislation Cited: Privacy and Personal Information Protection Act 1998 (NSW) Health Records and Information Privacy Act 2002 (NSW) Building Units and Group Titles Act 1980 (Qld) Government Information (Public Access) Act 2009 (NSW) Cases Cited: MJ v Department of Education and Communities [2015] NSWCATAD 23 MG v Director General, Department of Education and Training [2004] NSWADTAP 45 EN v University of Technology, Sydney [2009] NSWADT 50 Department of Education and Training v EM [2011] NSWADTAP 4 Deming No 456 Pty Ltd v Brisbane Unit Development Corporation Pty Ltd (1983) 155 CLR 129 Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27 Collins v Clarence Valley Council [2015] NSWCA 263 Category: Principal judgment Parties: MJ (Applicant) Department of Education and Communities (Respondent) File Number(s): 1410460