BMY v Department of Family and Community Services [2016] NSWCATAD 24

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BMY v Department of Family and Community Services [2016] NSWCATAD 24 Hearing dates: 7 and 8 December 2015 Date of orders: 11 February 2016 Decision date: 11 February 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: J Kinross - Senior Member Decision: The decision that access is refused is set aside and a substitute decision is made Catchwords: ADMINISTRATIVE REVIEW- privacy-whether alteration of record needed to ensure accuracy, completeness and not misleading-whether personal information used or disclosed Legislation Cited: Privacy and Personal Information Protection Act 1998 Privacy Code of Practice (General) 2003 Children and Young Persons (Care and Protection) Act 1998 State Records Act 1998 Government Information (Public Access) Act 2009 Administrative Decisions Review Act 1997 Cases Cited: WL v Randwick City Council [2007] NSW ADTAP 58 ZR v NSW Department of Education and Training [2008] NSWADT 199 Vice-Chancellor, Macquarie University v FM (GD) [2005] NSWCA 192 FM v Vice Chancellor, Macquarie University [2003] NSWADT 78 Director-General, Department of Education and Training v MT (GD) NSWADTAP 77 (23 December 2005) Category: Principal judgment Parties: BMY (Applicant) Department of Family and Community Services (Respondent) Representation: BMY (Applicant in person) S Nasti (Respondent) File Number(s): 1410568 Publication restriction: Section 64 of the Civil and Administrative Tribunal Act 2013 applies to the names of the applicant and witnesses wherever they appear in these reasons and identified as '[not for publication]'. Those names not to be released to the public.