DQA v Secretary, Department of Family and Community Services [2019] NSWCATAD 156

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DQA v Secretary, Department of Family and Community Services [2019] NSWCATAD 156 Hearing dates: 8 April 2019 Date of orders: 05 August 2019 Decision date: 05 August 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1. The Secretary, Department of Family and Community Services is to provide a written apology to the Applicant in regard to the agency's breach of section 16 of the Privacy and Personal Information Protection Act 1998. 2. If the parties are unable to agree to the terms of an apology within 28 days of the date of this decision, the matter is to be listed for further directions. Catchwords: Administrative Law – privacy and personal information – disclosure of personal information – use of personal information – accuracy of personal information – causation – whether damages warranted Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Privacy and Personal Information Protection Act 1998 Cases Cited: AOZ v Rail Corporation NSW (No 2) [2015] NSWCATAP 179 APV v Department of Finance and Services [2016] NSWCATAD 168 FM v Vice Chancellor, Macquarie University [2003] NSWADT 78 GL v Director-General, Department of Education and Training [2003] NSWADT 166 GR v Department of Housing [2003] NSWADT 268 JD v Department of Health (NSW) [2005] NSWADTAP 44 NW v NSW Fire Brigades (No 2) [2006] NSWADT 61 WT v Auburn Council [2007] NSWADT 253 Category: Principal judgment Parties: DQA (Applicant) Secretary, Department of Family and Community Services (Respondent) Representation: Counsel: A Coombes (Applicant)