Vice-Chancellor Macquarie University v FM (No 2) (GD)

The case of Vice-Chancellor Macquarie University v FM (No 2) (GD) involved Macquarie University and a former student, referred to as FM. The dispute centred on the disclosure of personal information by the University to a third party and whether this was in breach of privacy and personal information protection principles. The case was heard in the Administrative Appeals Tribunal (AAT), which has jurisdiction to review administrative decisions under the Administrative Decisions (Judicial Review) Act 1977.

The primary legal issue before the Tribunal was whether the disclosure of personal information by Macquarie University to a third party was in compliance with the Privacy and Personal Information Protection Act 1999 (PPIPA). The Tribunal also needed to determine whether the University had acted lawfully and reasonably in disclosing the information, and if the student's privacy rights were adequately protected. Furthermore, the Tribunal had to consider whether the application to review the decision should be upheld, and if so, what the appropriate remedy might be.

The Tribunal found that the University's disclosure of personal information to a third party was in breach of the privacy and information protection principles. Specifically, the Tribunal noted that the University did not obtain the necessary consent from the student before disclosing the information, and the disclosure was not necessary for the purpose for which it was used. The Tribunal also found that the University had not adequately considered the potential harm that could result from the disclosure, nor had it implemented adequate safeguards to protect the student's privacy. As a result, the Tribunal upheld the application and recommended that the decision be remitted to the University for reconsideration in accordance with the principles outlined in the PPIPA. The Tribunal also ordered that the application be remitted to the University for reconsideration in accordance with the recommendation made in paragraph [61] of these reasons.