CJU v SafeWork NSW [2018] NSWCATAD 300

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CJU v SafeWork NSW [2018] NSWCATAD 300 Hearing dates: 14 March 2016, 12 November 2016, last written submissions received on 21 November 2018 Date of orders: 21 December 2018 Decision date: 21 December 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: P Durack SC, Senior Member Decision: 1. The respondent shall pay the applicant $1,000.00 within 14 days in respect of the respondent's breach of the information protection principle in s 18 (1) of the PPIP Act the subject of these proceedings.

2. By 17 January 2019 the parties are to lodge and serve written submissions of not more than 4 pages in length concerning:

a) The terms of the foreshadowed order under s 55 (2)(b) of the PPIP Act referred to in paragraph 140 of these reasons.

(b)The costs of these proceedings and whether any decision about costs should be made on the papers without the need for any further hearing.

3. By 30 January the parties are to lodge and serve written submissions of no more than 4 pages in length in reply to the written submissions referred to in Order (2). Catchwords: PRIVACY – review of conduct of public sector agency – unlawful disclosure of personal information – remedies – recovery for psychological harm - causation – quantum of damages – other orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil Liability Act 2002 (NSW) Government Information (Public Access) Act 2009 (NSW) Government Sector Employment Act 2013 (NSW) Health Services Act 1997 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Work Health and Safety Act 2011 (NSW) Cases Cited: AOZ Rail Corporation NSW (No 2) [2015] NSWCATAP 179 APV and APW v Department of Family and Community Services [2015] NSWCATAD 140 CYH v Family and Community Services [2018] NSWCATAD 84 Department of Education and Training v GA (No.3) [2004] NSWADTAP 50 Department of Education and Training v ZR (No 2) (GD) [2009] NSWADTAP 44 Hall and Ors v A & A Sheiban Pty Ltd and Ors [1989] FCA 92; (1989) 20 FCR 217 JD v Department of Health (GD) [2005] NSWADTAP 44 KO & KP v Commissioner of Police, New South Wales Police [2005] NSWADT 18 Lamb v Cotogno (1987) 164 CLR 1 NZ v Director General, Department of Housing [2006] NSWADT 173 Rummery v Federal Privacy Commissioner [2004] AATA 1211 Tame v New South Wales (2002) 211 CLR 317 Category: Principal judgment Parties: CJU (Applicant) SafeWork NSW (Respondent) Representation: Applicant (self- represented)