QE v Macquarie University - [2008] NSWADT 144

CITATION: QE and anor v Macquarie University [2008] NSWADT 144

DIVISION: General Division

PARTIES:
APPLICANT
QE
RESPONDENT
Macquarie University
APPLICANT
QF
RESPONDENT
Macquarie University

FILE NUMBER: 053178, 053179

HEARING DATES: 23-24 April 2007, 14 June 2007, 24 August 2007, 1 November 2007

SUBMISSIONS CLOSED: 19 December 2007

DATE OF DECISION:
26 May 2008

BEFORE: Wilson R - Judicial Member

CATCHWORDS: Privacy - information protection principle - personal information - adequate safeguards in place - whether records should be amended - costs

MATTER FOR DECISION: Principal matter

LEGISLATION CITED: Privacy and Personal Information Protection Act 1998

CASES CITED: Director-General, Department of Education and Training v MT (2006) 67 NSWLR 237
Gizah Pty Ltd v AXA Trustees Ltd (No. 2) [2007] NSWADT 164
NS v Commissioner Corrective Services [2004] NSWADT 263

REPRESENTATION:
APPLICANTS
In person
RESPONDENT
M Allars, barrister

ORDERS: In relation to proceedings 053179 (QF v Macquarie University):1.The decision under review is set aside insofar as it considers the application made pursuant to section 15 of the Privacy and Personal Information Protection Act 1998 and a determination that the recorded grades or outcomes for courses EDUC 106, TEP 312 and TEP 333 remain as shown in those records is substituted therefore
2. The parties are granted liberty to apply for further directions, should they so wish, in relation to any request that is alleged pursuant to section 15 of the Act to attach a statement to information held by the respondent concerning any of these three courses, such liberty to expire 14 days after receipt of a copy of these reasons for decision.
In relation to both proceedings:
3. Otherwise the decision under review is affirmed for the reasons given herein
4. The time taken by the respondent to determine the review was reasonable in the circumstances for the reasons given herein
5. No order is made as to the costs of the proceedings.

REASONS FOR DECISION
1 The applicants have brought these proceedings pursuant to the provisions of the Privacy and Personal Information Protection Act 1998. The essential allegations are that the respondent has disclosed personal information concerning both applicants and additionally, has failed to act so as to protect such information from unauthorised disclosure. No jurisdictional issues are involved, although a number of interlocutory matters arose for consideration during the course of the hearing. These matters are considered below.

2 It is convenient to refer to the applicants in these reasons as “the first applicant”, or by the initials “QE”, and as “the second applicant”, or by the initials “QF”. The reason for this is that the information that was alleged to have been disclosed directly concerned the first applicant’s wife, who is the second applicant. The second applicant did not join in the first applicant’s proceedings (sub nom QE v Macquarie University, proceeding number 053178) as a party, but she in fact commenced her own application in the Tribunal (sub nom QF v Macquarie University, proceedings number 053179). The second applicant’s proceedings involve allegations that personal information of…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading QE v Macquarie University

Details

AGLC: QE v Macquarie University [2008] NSWADT 144
Case: [2008] NSWADT 144
Decision Date: 26 May 2008

CaseChat Overview and Summary

The case of QE v Macquarie University, decided in the Federal Circuit and Family Court of Australia, revolves around a dispute concerning the handling and privacy of personal information under the Privacy and Personal Information Protection Act 1998. The applicant, QE, contested the university’s handling of her academic records, specifically her grades for certain courses. QE sought an amendment to her records under section 15 of the Act, alleging that the university failed to implement adequate safeguards to protect her personal information. The university, Macquarie University, opposed the application, arguing that the information was handled appropriately and that no amendments were necessary.

The court was required to determine whether the university had complied with the information protection principles outlined in the Act, specifically whether adequate safeguards were in place to protect QE’s personal information. Additionally, the court had to assess whether the university's handling of the information was reasonable and if the recorded grades should be amended as per QE's request. The court also needed to consider the costs associated with the proceedings.

The court ruled that the university had not breached the information protection principles and that the personal information was adequately safeguarded. The court found that the university's handling of the review process was reasonable, and the recorded grades should remain as they were. Consequently, the decision to deny the application was affirmed. The court determined that no order should be made concerning the costs of the proceedings. The decision was to set aside the initial determination concerning the application made under section 15 of the Act and to substitute a new determination that the recorded grades remain unchanged. The parties were granted liberty to apply for further directions if they wished, within a specified timeframe.

Orders

Orders of the court

In relation to proceedings 053179 (QF v Macquarie University):1.The decision under review is set aside insofar as it considers the application made pursuant to section 15 of the Privacy and Personal Information Protection Act 1998 and a determination that the recorded grades or outcomes for courses EDUC 106, TEP 312 and TEP 333 remain as shown in those records is substituted therefore 2. The parties are granted liberty to apply for further directions, should they so wish, in relation to any request that is alleged pursuant to section 15 of the Act to attach a statement to information held by the respondent concerning any of these three courses, such liberty to expire 14 days after receipt of a copy of these reasons for decision. In relation to both proceedings: 3. Otherwise the decision under review is affirmed for the reasons given herein 4. The time taken by the respondent to determine the review was reasonable in the circumstances for the reasons given herein 5. No order is made as to the costs of the proceedings.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	QE and anor v Macquarie University [2008] NSWADT 144
DIVISION:	General Division
PARTIES:	APPLICANT QE RESPONDENT Macquarie University APPLICANT QF RESPONDENT Macquarie University
FILE NUMBER:	053178, 053179
HEARING DATES:	23-24 April 2007, 14 June 2007, 24 August 2007, 1 November 2007
SUBMISSIONS CLOSED:	19 December 2007
DATE OF DECISION:	26 May 2008
BEFORE:	Wilson R - Judicial Member
CATCHWORDS:	Privacy - information protection principle - personal information - adequate safeguards in place - whether records should be amended - costs
MATTER FOR DECISION:	Principal matter
LEGISLATION CITED:	Privacy and Personal Information Protection Act 1998
CASES CITED:	Director-General, Department of Education and Training v MT (2006) 67 NSWLR 237 Gizah Pty Ltd v AXA Trustees Ltd (No. 2) [2007] NSWADT 164 NS v Commissioner Corrective Services [2004] NSWADT 263
REPRESENTATION:	APPLICANTS In person RESPONDENT M Allars, barrister
ORDERS:	In relation to proceedings 053179 (QF v Macquarie University):1.The decision under review is set aside insofar as it considers the application made pursuant to section 15 of the Privacy and Personal Information Protection Act 1998 and a determination that the recorded grades or outcomes for courses EDUC 106, TEP 312 and TEP 333 remain as shown in those records is substituted therefore 2. The parties are granted liberty to apply for further directions, should they so wish, in relation to any request that is alleged pursuant to section 15 of the Act to attach a statement to information held by the respondent concerning any of these three courses, such liberty to expire 14 days after receipt of a copy of these reasons for decision. In relation to both proceedings: 3. Otherwise the decision under review is affirmed for the reasons given herein 4. The time taken by the respondent to determine the review was reasonable in the circumstances for the reasons given herein 5. No order is made as to the costs of the proceedings.