BXK v Western Sydney University

The case of BXK v Western Sydney University involved an applicant who sought to bring a complaint to the Australian Information Commissioner regarding the respondent's alleged misuse or disclosure of the applicant's personal or health information. The respondent, originally named the University of Western Sydney, had its name changed to Western Sydney University during the proceedings. The applicant alleged that the respondent unlawfully used or disclosed her personal or health information by having an employee email the information to others in response to a claim made under the Fair Work Act 2009 (Cth). The employee had responded to the claim in her personal capacity for a purpose extraneous to that of the respondent.

The legal issues before the court included whether the conduct that was the subject of the Tribunal application was also the subject of the internal review application, and whether some conduct was not the subject of the internal review application and therefore beyond the scope of the Tribunal's jurisdiction. The court was also required to determine whether the respondent's employee's conduct was attributable to the respondent. The court found that the employee's conduct was not attributable to the respondent as it was done in a personal capacity for a purpose extraneous to that of the respondent.

The court held that the Tribunal had no jurisdiction to hear the complaint as some conduct was not the subject of the internal review application. Additionally, the court found that the employee's conduct was not attributable to the respondent as it was done in a personal capacity. Therefore, the court ordered that no action be taken on the matter.