CCM v Western Sydney University (No.4) [2018] NSWCATAD 283

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CCM v Western Sydney University (No.4) [2018] NSWCATAD 283 Hearing dates: 29 October 2018 Date of orders: 07 December 2018 Decision date: 07 December 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: (1) Within 28 days of the making of this order, the respondent must: (a) notate any files it holds which contain either the allegations against the applicant dated 18 November 2013 or the applicant's responses to those allegations, that those documents contain personal information of the applicant; and (b) place a copy of these reasons on the file(s). (2) The respondent is to inform the applicant in writing when it has performed Order 1. (3) The remainder of the applicant's application is dismissed. (4) The respondent's application for costs is dismissed. (5) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013, the name of the applicant is not to be disclosed. Catchwords: ADMINISTRATIVE LAW – privacy – use and disclosure of personal information – whether personal information was used or disclosed contrary to the Act – whether information was collected in the course of an investigation arising out of a public interest disclosure – whether request for internal review was made within time. Legislation Cited: Civil and Administrative Act 2013 (NSW) Interpretation Act 1987 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Public Interest Disclosures Act 1994 (NSW) Cases Cited: CCM v Western Sydney University (No.2) [2018] NSWCATAD 205 CCM v Western Sydney University (No 3) [2018] NSWCATAD 246 CJU v NSW Ministry of Health [2018] NSWCATAD 181 GA & Ors v Department of Education & Training and NSW Police [2004] (GD) NSWADTAP 18 Hearne v Street (2008) 235 CLR 125 Texts Cited: Nil Category: Principal judgment Parties: CCM (Applicant) Western Sydney University (Respondent) Representation: Counsel: A Douglas-Baker (Respondent)