CCM v Western Sydney University (No 2) [2018] NSWCATAD 205

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CCM v Western Sydney University (No 2) [2018] NSWCATAD 205 Hearing dates: 30 and 31 January 2018 Date of orders: 04 September 2018 Decision date: 04 September 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member Decision: (1) The name of the applicant is not to be disclosed.

(2) No action is to be taken on the matters raised by the applicant in proceedings 2016/00377946 and 2016/00378375.

(3) Proceedings 2017/00030597 are dismissed as the Tribunal has no jurisdiction.

(4) In the event the respondent seeks order for costs:

(a) the respondent must file and serve any costs application, including submissions and any evidence in support, within 7 days of the date of these orders;

(b) the applicant to file and serve any submissions and evidence in reply within 14 days from the date she receives the respondent's cost application and supporting material;

(c) the respondent is to file any submissions in reply within 14 days from the date of these orders; and

(d) any submissions filed by the parties is to include submissions on the issue of whether the cost application, if made, should be determined on the papers pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: PRIVACY – Whether conduct of the respondent in response to privacy administrative review proceeding before the Tribunal breached the disclosure information protection principle of the Privacy and Personal Information Act 1998 – on the application of the respondent the Tribunal consolidated the proceedings of the applicant and those of another two applicants which arose from the same factual basis – whether the respondent's conduct in filing with the Tribunal and serving on the other applicants statements and written submissions containing her personal information constituted a breach of the disclosure information principle or was the respondent exempt from complying with that principle by reason of s 25(b) of the Privacy and Personal Information Protection Act 1998 (NSW)