CYL v YZA [2017] NSWCATAP 105

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CYL v YZA [2017] NSWCATAP 105 Hearing dates: 11 April 2017 Date of orders: 15 May 2017 Decision date: 15 May 2017 Jurisdiction: Appeal Panel Before: K O'Connor, AM, ADCJ, Deputy President, Appeals G Walker, Senior Member Decision: (1) Appeal by CYL: Dismissed (2) Appeal by YZA: Allowed. In respect of that appeal,

1. Order (1) made in the decision under appeal is set aside, as are the related prior orders made 26 August 2016 and 23 November 2016. 2. The following order is made in substitution

The reasons for decision dismissing the applicant's substantive application in this matter, in the form issued to limited persons on 26 August 2016 ('the unexpurgated reasons'), are not to be released for publication; and the disclosure of the reasons in that form is to be restricted to these persons: (a) the Review Applicant, (b) the legal representatives of the Respondent at the hearing and to [name of legal officer]; and may also be released to - (c) the [a governing body] of the respondent, to a [committee of the governing body], and to (d) the Senior Executive of the respondent to whom [the named legal officer] reports; and to (e) legal representatives or legal advisers in circumstances where the unexpurgated reasons for decision in this proceeding are reasonably relevant to the provision to the Respondent of legal advice and representation, whether in connection with this proceeding or in other matters that involve dispute between the Review Applicant and the Respondent. Catchwords: PRIVACY AND PERSONAL INFORMATION – Review application dismissed – Appeal by review applicant – Agency disclosed information about internal dispute to anti-discrimination complaints agency – Review applicant had lodged a complaint with that agency - Whether disclosure in issue immune from suit – Whether Tribunal had wrongly excluded matters raised by review applicant from proper scope of the review application – Adequacy of reasons – Procedural fairness – Appeal dismissed. Australian Human Rights Commission Act 1986, s 48; Privacy and Personal Information Protection Act 1998, s 25(b).