DQW v Secretary, Department of Family and Community Services [2019] NSWCATAD 213

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DQW v Secretary, Department of Family and Community Services [2019] NSWCATAD 213 Hearing dates: 19 August 2019 Date of orders: 21 October 2019 Decision date: 21 October 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: (1) Proceedings 2018/00377223 are dismissed. (2) An extension of time until 16 July 2019 is granted to file the application in Proceedings 2019/234/273. (3) Proceedings 2019/234/273 are dismissed. Catchwords: PRACTICE AND PROCEDURE – application for dismissal – whether Tribunal has jurisdiction – whether application misconceived and lacking in substance Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Records and Information Privacy Act 2002 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: Alchin v Rail Corporation NSW [2012] NSWADT 142 Attorney-General v Wentworth (1988) 14 NSWLR 481 Department of Education and Training v GA (No.3) [2004] NSWADTAP 50 GA v NSW Police (GD) [2005] NSWADTAP 38 JD v Director General, NSW Department of Health [2004] NSWADT 7 KO and KP v Commissioner of Police, NSW Police (GD) [2005] NSWADTAP 56 NZ v Commissioner of Police, NSW Police (GD) [2006] NSWADTAP 57 VZ v University of Newcastle [2011] NSWADT 245 Williams v Spautz [1992] HCA 34; 174 CLR 509 ZR v Department of Education and Training [2010] NSWADTAP 75 at [17 Texts Cited: None cited Category: Principal judgment Parties: DQW (Applicant) Secretary, Department of Family and Community Services (Respondent) Representation: Solicitors: Care Legal (Respondent) File Number(s): 2018/00377223, 2019/00234273 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the names of the applicant, the applicant's children and applicant's spouse are not to be disclosed to any person other than the respondent.