CME v University of Technology Sydney [2017] NSWCATAP 178

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CME v University of Technology Sydney [2017] NSWCATAP 178 Hearing dates: 11 August 2017 Date of orders: 24 August 2017 Decision date: 24 August 2017 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President J Currie, Senior Member Decision: (1) The decision of the Tribunal made on 19 April 2017 is set aside.

(2) The matter is remitted to the Tribunal as originally constituted to reconsider University of Technology Sydney's application for summary dismissal and provide adequate written reasons for the decision.

(3) The appeal is otherwise dismissed. Catchwords: APPEAL – question of law – adequacy of reasons – oral reasons given in course of hearing – no reference to alleged conduct identified in applicant's application for review of the respondent's conduct - whether reasons adequate Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 55(1)(b), s 64 Privacy and Personal Information Protection Act 1998 (NSW), s 6, s 55. Cases Cited: Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Collins v Urban [2014] NSWCATAP 17 Category: Principal judgment Parties: CME (Appellant) University of Technology Sydney (Respondent) Representation: Appellant (self-represented)

Solicitors: T Magoulas (Respondent) File Number(s): AP 17/23928 Publication restriction: The publication of the name of the appellant is prohibited under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW).Note: the name of the appellant includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person. Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: Not applicable Date of Decision: 19 April 2017 Before: S Montgomery, Senior Member File Number(s): 2016/00377932