Eje v Charles Sturt University

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

EJE v Charles Sturt University [2021] NSWCATAD 190

Hearing dates:

30 April 2021

Date of orders:

07 July 2021

Decision date:

07 July 2021

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

C Ludlow, Senior Member

Decision:

(1) Items 2-3, 5-10, 12-15, 17-19, 21-26 and 28-31 inclusive contained in the application filed 22 December 2020 are dismissed pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013.

(2) The proceedings are referred to the Registry to be listed for a further case conference.

Catchwords:

ADMINISTRATIVE LAW — privacy — whether application within scope of internal review — accuracy of personal information

CIVIL PROCEDURE — summary disposal — dismissal of proceedings — misconceived and lacking in substance

Legislation Cited:

Civil and Administrative Tribunal Act 2013 (NSW)

Government Information (Public Access) Act 2009 (NSW)

Privacy and Personal Information Protection Act 1998 (NSW)

Cases Cited:

203 Castlereagh Street Pty Limited v Skybloo Holdings Pty Limited [2017] NSWCATAP 29

Alchin v Rail Corporation NSW [2012] NSWADT 142

Brodyn Pty Ltd v Owners Corporation – Strata Plan 73019 (No 2) [2016] NSWCATAP 224

Department of Education and Training v GA (No.3) [2004] NSWADTAP 50

FM v Vice Chancellor, Macquarie University [2003] NSWADT 78

KO and KP v Commissioner of Police, New South Wales Police (GD) [2005] NSWADTAP 56

State Electricity Commission of Victoria v Rabel [1998] 1 VR 102

VZ v University of Newcastle [2011] NSWADT 245

WL v Randwick City Council (GD) [2007] NSWADTAP 58

ZR v Department of Education and Training (GD) [2010] NSWADTAP 75

Texts Cited:

None cited

Category:

Procedural rulings

Parties:

EJE (Applicant)
Charles Sturt University (Respondent)

Representation:

Solicitors:
Applicant (self-represented)
Thompson Cooper Lawyers (Respondent)

File Number(s):

2020/00363164

Publication restriction:

The publication of the name of the applicant is prohibited under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013.

REASONS FOR DECISION

Background

1. This is an application by the respondent for an order dismissing these proceedings under s 55(1) of the Civil and Administrative Tribunal Act 2013 (the CAT Act) and an order for costs.

2. The applicant has made 31 complaints under the Privacy and Personal Information Protection Act 1998 (the PPIP Act) to the respondent and is dissatisfied with the action taken on internal review. She says that certain events where she noticed that the University held erroneous information about her, including her legal name, the courses she was enrolled in and details concerning a trip to Japan, led her to believe that someone was assuming her identity and corresponding with the University using her name. She also alleged that her intellectual property was being used by the University without permission. She was concerned about the security of her personal information held by the University.

3. The respondent has applied:

1. For the application to be dismissed in whole or in part under s 55(1)(b) of the CAT Act;

2. For the applicant to pay the respondent’s costs of the proceedings under s 60(2) of the CAT Act; and

3. Such…