CRP v Department of Family and Community Services [2017] NSWCATAD 164

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CRP v Department of Family and Community Services [2017] NSWCATAD 164 Hearing dates: 2 March 2017 and subsequent evidence on the papers. Date of orders: 25 May 2017 Decision date: 25 May 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision of the respondent is set aside.

(2) In substitution of that decision I find that the applicant's work address in the context of the agreed conduct constitutes Personal Information and that there are breaches of IPP's 10 and 11 (section 17 and 18 of the PPIP Act).

(3) Pursuant to section 55 (2) of the PPIP Act I order that the respondent apologise in writing to the applicant.

(4) Pursuant to section 55 (2) of the PPIP Act I order that the respondent review it's Privacy Management Plan and information polices generally in respect of how staff information is managed with clients.

(5) Having set aside the decision of the respondent by Order (1), I remit the residue of the matter for reconsideration by the administrator in respect of the compassionate transfer request, as identified in the evidence tendered in these proceedings in accordance with section 63 (3) (d) of the ADR Act. Catchwords: PRIVACY – Personal Information – Whether work address personal information – Basis of disclosure – Purpose of disclosure – Conflict in evidence – Closure of parties cases prior to consideration of all evidence – Request for residue to be determined without hearing- Appropriate remedies – Powers of Tribunal to make orders and recommendations Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Privacy and Personal Information Protection Act 1998 Cases Cited: BKM v Sydney Local Health District [2015] NSWCATAD 87 Commissioner of Police v District Court of NSW (1993) 31 NSWLR 606 Commissioner of Police, NSW Police Force v Field [2016] NSWCATAP 59 EG v Commissioner of Police, NSW Police Service [2003] NSWADT 150 JD v New South Wales Medical Board [2008] NSWADT 67 NW v New South Wales Fire Brigades [2005] NSWADT 73 Privacy Commissioner v Telstra Corporation Limited [2017] FCAFC 4 QB v Greater Southern Area Health Service [2011] NSWADT 90 RD v Department of Education and Training [2005] NSWADT 195 SW v Forests NSW [2006] NSWADT 74 SY v Northern Sydney Local Health Network (formerly Northern Sydney Central Coast Area Health Service) [2011] NDSWADT 203 Vice Chancellor Macquarie University v FM [2005] NSWCA 192. Vice-Chancellor, Macquarie University v FM (No.2) (GD) [2004] NSWADTAP 37 Category: Principal judgment Parties: CRP (Applicant) Department of Family and Community Services (Respondent) Representation: Counsel: N/A