NZ v NSW Department of Housing (No. 2)

In the matter of NZ versus the New South Wales Department of Housing, the applicant sought a review of a decision made by the Department to disclose personal information to a third party. The matter was heard by the Administrative Appeals Tribunal. The applicant argued that the disclosure of personal information violated the information protection principle outlined in the Privacy and Personal Information Protection Act 1998. The legal issues before the tribunal were whether the disclosure was justified under the Act and whether the Department's decision was reasonable.

The tribunal found that the disclosure of personal information was not justified under the Act, and the decision made by the Department was unreasonable. The tribunal noted that the information was not relevant to the purpose for which it was collected, and the disclosure was not necessary for the protection of life or property. The tribunal also found that the Department failed to consider the potential harm to the applicant that could result from the disclosure of personal information. The tribunal concluded that the Department's decision was not based on proper consideration of the relevant legislation and the information protection principle.

The tribunal determined to take no further action on the matter in accordance with s 55(2) of the Privacy and Personal Information Protection Act 1998. The tribunal invited further submissions on the issue of costs. Unless either party applied for submissions on this issue to be made orally, the tribunal proposed to invite written submissions in accordance with a specified timetable and to make a decision 'on the papers'. The tribunal ordered that the respondent file and serve written submissions on the issue of costs within two weeks of the date of this decision, and the applicant to file and serve written submissions in reply within two weeks of the filing and serving of the respondent's submissions.