APV v Department of Finance and Services [2016] NSWCATAD 168

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: APV v Department of Finance and Services [2016] NSWCATAD 168 Hearing dates: 18 April 2016 Date of orders: 27 July 2016 Decision date: 27 July 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: N Isenberg, Senior Member Decision: (1) Pursuant to section 55(2)(a) of the Privacy and Personal Information Protection Act 1998 , the Respondent is to pay to the Applicant damages of $5,000.

(2) Each party is to pay its own costs Catchwords: Breach of privacy – damages – loss of opportunity – onus on Applicant – nexus between claimed loss and breach Legislation Cited: Privacy and Personal Information Protection Act 1998 Civil and Administrative Tribunal Act 2013 Cases Cited: APV and APW and Department of Finance and Services [2014] NSWCATAD 10 Office of Finance and Services v APV and APW [2014] NSWCATAP 88 BVS v Sydney Local Health District [2015] NSWCATAD 171 GR v Director-General, Department of Housing [2004] NSWADTAP 26 WT v Auburn Council [2007] NSWADT 253 NW v NSW Fire Brigade (No.2) [2006] NSWADT 61 NZ v Director General Department of Housing [2006] NSWADT 173 GR v Department of Housing (No.2) [2005] NSWADT 301 RD v Department of Education and Training [2005] NSWADT 195 Re Rummery & The Federal Privacy Commissioner & Anor [2004] AATA 1221 FM v Macquarie University [2003] NSWADT 78 NK v Northern Sydney Central Coast Area Health Service (No.2) [2011] NSWADT 81 Tabet v Gett [2010] HCA 12 Category: Principal judgment Parties: APV (First Applicant) APW (Second Applicant) Department of Finance and Services (Respondent) Representation: Counsel: H Pintos-Lopez (Applicants) J Davidson (Respondent)