CYL v YZA

[2016] NSWCATAD 314

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	CYL v YZA [2016] NSWCATAD 314
Hearing dates:	30 May 2016 and 24 June 2016
Date of orders:	26 August 2016
Decision date:	26 August 2016
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	P Durack SC, Senior Member
Decision:	(1) The application for review is dismissed. (2) Set aside the Summons for production of documents addressed to the Respondent served on 11 May 2016.
Catchwords:	PRIVACY – administrative review of conduct of public agency – scope of application for review - information protection principles under the Privacy and Personal Information Protection Act - disclosure of personal information to the Australian Human Rights Commission – immunity from action for furnishing information to the Commission – application of exemption under s 25 (b) of the privacy legislation – information concerning suitability for employment.
Legislation Cited:	Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Australian Consumer Law (NSW) Australian Human Rights Commission Act 1986 (Cth) Privacy and Personal Information Protection Act 1998 (NSW)
Cases Cited:	AFC v Sydney Children’s Hospital Speciality Network [2012] NSWADT 189 AIL v Department of Premier and Cabinet [2013] NSWADTAP 26 BFP v NSW Ambulance Service [2015] NSWCATAD 39 Department of Education and Communities v VK [2011] NSWADTAP 61 Department of Education and Training v GA (No.3) [2004] NSWADTAP 50 Director General, Department of Education and Training v MT [2005] NSWADTAP 77 KO and KP v Commissioner of Police, New South Wales [2005] NSWADTAP 56 MH v NSW Maritime [2011] NSWADT 248 Nasr v State of NSW [2007] NSWCA 10 OD v Department Education and Training [2006] NSWADT 312 PN v Department of Education and Training [2010] NSWADTAP 59 Y v Director General, Department of Education and Training [2001] NSWADT 149
Texts Cited:	Macquarie Dictionary Online
Category:	Principal judgment
Parties:	CYL (Applicant) YZA (Respondent)
Representation:	Counsel: B Tronson (Respondent)   Solicitors: CYL (Applicant in person) Thomson Geer (Respondent)
File Number(s):	2015/00383634 (previously 1510764)
Publication restriction:	The names of the Applicant and the Respondent are not to be published.

REASONS FOR DECISION

Introduction

1. CYL has applied for administrative review by the Tribunal of conduct of the Respondent in respect of CYL’s personal information, which CYL says infringed CYL’s privacy. That conduct centred upon an email sent in March 2015 from a lawyer employed by the Respondent (YZA) to the Australian Human Rights Commission (the AHRC).

2. As will appear below, no internal review of the conduct eventuated and, as CYL was entitled to do, CYL applied for review of the conduct under s 55 (2) of the Privacy and Personal Information Protection Act (1998) (NSW) (the Act).

3. For the reasons set out below, CYL’s application should be dismissed.

Issues

4. At the outset, an important question arises as to the proper scope of the application for administrative review by the Tribunal. For the reasons explained below, the real issues to be dealt with on this application are considerably less extensive than the issues…