CJU v SafeWork NSW

[2018] NSWCATAD 300

Civil and Administrative Tribunal

New South Wales

• Amendment notes

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)

  Solicitors:
Crown Solicitor (Respondent)

File Number(s):

2017/00138493

Publication restriction:

Pursuant to s 64 (1) (a) of the Civil and Administrative Tribunal Act, the name of the applicant and any other information identifying the applicant is not to be disclosed without further order of the Tribunal.

REASONS FOR DECISION

Overview

1. The applicant has applied for the review by the Tribunal of conduct by the respondent, which was admittedly in breach of her information privacy, involving unlawful disclosure of her…