ZR v NSW Department of Education and Training (GD)

The matter before the court was an interlocutory appeal brought by ZR against the New South Wales Department of Education and Training. The dispute centred on the Department's handling of a privacy complaint regarding the collection and disclosure of personal information during a union meeting. The application for internal review was dismissed by the Administrative Decisions (Internal Review) Act 1997, and ZR sought an appeal on the decision.

The court was required to determine whether the conduct in issue involved the collection of personal information within the meaning of the Privacy and Personal Information Protection Act 1998, and whether the appeal was within the scope of the internal review process. The court also needed to ascertain whether the conduct in question was attributable to the Department, and if the conduct involved the collection of personal information.

The court held that the conduct in issue did not involve the collection of personal information, as it related to the disclosure of information already held by the Department. The court found that the conduct was not within the scope of the internal review process, and therefore, the appeal was not properly before the court. The court dismissed the interlocutory appeal and remitted the application for review to the Tribunal for disposal. The court concluded that the appeal was misconceived, and the application for review should be dealt with by the Tribunal.