CYL v YZA [2016] NSWCATAD 314

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CYL v YZA [2016] NSWCATAD 314 Hearing dates: 30 May 2016 and 24 June 2016 Date of orders: 26 August 2016 Decision date: 26 August 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: P Durack SC, Senior Member Decision: (1) The application for review is dismissed. (2) Set aside the Summons for production of documents addressed to the Respondent served on 11 May 2016. Catchwords: PRIVACY – administrative review of conduct of public agency – scope of application for review - information protection principles under the Privacy and Personal Information Protection Act - disclosure of personal information to the Australian Human Rights Commission – immunity from action for furnishing information to the Commission – application of exemption under s 25 (b) of the privacy legislation – information concerning suitability for employment. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Australian Consumer Law (NSW) Australian Human Rights Commission Act 1986 (Cth) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: AFC v Sydney Children's Hospital Speciality Network [2012] NSWADT 189 AIL v Department of Premier and Cabinet [2013] NSWADTAP 26 BFP v NSW Ambulance Service [2015] NSWCATAD 39 Department of Education and Communities v VK [2011] NSWADTAP 61 Department of Education and Training v GA (No.3) [2004] NSWADTAP 50 Director General, Department of Education and Training v MT [2005] NSWADTAP 77 KO and KP v Commissioner of Police, New South Wales [2005] NSWADTAP 56 MH v NSW Maritime [2011] NSWADT 248 Nasr v State of NSW [2007] NSWCA 10 OD v Department Education and Training [2006] NSWADT 312 PN v Department of Education and Training [2010] NSWADTAP 59 Y v Director General, Department of Education and Training [2001] NSWADT 149 Texts Cited: Macquarie Dictionary Online Category: Principal judgment Parties: CYL (Applicant) YZA (Respondent) Representation: Counsel: B Tronson (Respondent)