VZ v University of Newcastle

VZ initiated proceedings against the University of Newcastle in the Information and Privacy Commission of New South Wales. The dispute centred on the University's handling of personal information, specifically the content of a transcript that VZ believed should be deleted. VZ sought an internal review of the University's actions under the Privacy and Personal Information Protection Act 1998.

The primary legal issue was whether the Tribunal had the authority to review the University's decision to maintain the content of the transcript. The court needed to determine whether the application fell within the scope of internal review provisions of the Act. The second issue was whether the Tribunal had jurisdiction to order the deletion of specific wording from the transcript.

The Tribunal concluded that it did not have jurisdiction to determine VZ's application for the deletion of specific wording from the transcript. The Tribunal held that the application did not fall within the scope of internal review as defined by the Act. The court found that the application was not a reviewable decision under the Act because it did not pertain to an administrative decision made by the University in the exercise of a power or the performance of a duty or function. Instead, the application sought a judicial remedy that was beyond the scope of the internal review process.

The Tribunal ordered that the matter be listed for a directions hearing at 2pm on 6 December 2011 to determine the future course of the application.