BXK v Western Sydney University [2016] NSWCATAD 235

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BXK v Western Sydney University [2016] NSWCATAD 235 Hearing dates: 14 and 15 March 2016 Date of orders: 18 October 2016 Decision date: 18 October 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: (1) The respondent's name is changed from University of Western Sydney to Western Sydney University. (2) No action is to be taken on the matter. Catchwords: PRIVACY – Scope of application to Tribunal – Whether conduct the subject of Tribunal application was also the subject of the internal review application – Some conduct not the subject of internal review application so beyond the scope of the Tribunal's jurisdiction – Whether respondent unlawfully used or disclosed the applicant's personal or health information – Applicant's information emailed to others by respondent's employee in response to a third party's claim under the Fair Work Act 2009 (Cth) – Employee responded to claim in her personal capacity for purpose extraneous to that of respondent – Conduct not attributable to respondent Legislation Cited: Privacy and Personal Information Protection Act 1998 (NSW) Health Records and Information Privacy Act 2002 (NSW) Fair Work Act 2009 (Cth) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Administrative Decisions Review Act 1997 (NSW) Western Sydney University Act 1997 (NSW) Cases Cited: C.F. [2015] FWC 5272 Director General, Department of Education and Training v MT [2006] NSWCA 270 KO and KP v Commissioner of Police, New South Wales Police [2005] NSWADTAP 56 OD v Department of Education and Training [2005] NSWADTAP 74 Category: Principal judgment Parties: BXK (Applicant) Western Sydney University (Respondent) Representation: Counsel: B Tronson (Respondent)