CLT v Department of Education and Communities (No 2) [2016] NSWCATAD 124

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CLT v Department of Education and Communities (No 2) [2016] NSWCATAD 124 Hearing dates: On the papers Date of orders: 21 June 2016 Decision date: 21 June 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Renwick SC, Senior Member Decision: (1) Pursuant to s 55(2) of the Privacy and Personal Information Protection Act, the Tribunal decides not to take any action on the matter. (2) The proceedings are otherwise dismissed with no order as to costs. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL – PRIVACY – Privacy and Personal Information Protection Act 1998 (NSW) – IPP 5 – Department lost medical certificate but information not disclosed – no breach of IPP 5 as safeguards reasonable – orders made Legislation Cited: Privacy and Personal Information Protection Act 1998 (NSW) Category: Principal judgment Parties: CLT (Applicant) Department of Education and Communities (Respondent) Representation: CLT (Applicant in person) File Number(s): 1410460 Publication restriction: None

Reasons for decision

Introduction 1. Section 55(2) of the Privacy and Personal Information Protection Act 1998 relevantly provides 'On reviewing the conduct of the public sector agency concerned, the Tribunal may decide not to take any action on the matter,…'. 2. On 18 May 2016, in the principal decision in this matter, [2016] NSWCATAD 98, I concluded that there had been no breach of Information Privacy Principle 5 or Health Privacy Principle 5, and that, subject to further submissions being received, I proposed to accept the respondent's submissions not to take any action on the matter pursuant to s 55(2). 3. In response to a timetable for filing submissions, no submissions were filed on behalf of the applicant, and the respondent maintained its position. 4. I accept the respondent's submissions. Accordingly, the orders of the Tribunal are: (1) Pursuant to s 55(2) of the Privacy and Personal Information Protection Act, the Tribunal decides not to take any action on the matter. (2) The proceedings are otherwise dismissed with no order as to costs. I hereby certify that this is a true and accurate record of the reasons for decision of the Civil and Administrative Tribunal of New South Wales. Registrar DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 21 June 2016