AA v State of Queensland (Office of Industrial Relations) [2021] QCAT 258

Date: 23 July 2021
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Member Kent
Human Rights Act 2019 (Qld) Sections: N/A
Rights Considered: N/A
Other Legislation: Information Privacy Act 2009 (Qld) ss 176, 178, Schedule 3; Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 100, 102; Public Service Act 2008 (Qld) s 175
Keywords: Privacy and Confidentiality

This case concerned a privacy complaint made against the State of Queensland (Office of Industrial Relations). The Tribunal did not consider the Human Rights Act 2019 (Qld) as the Tribunal was exercising its original jurisdiction.

This case concerned a privacy complaint made by the applicant, AA, against the State of Queensland (Office of Industrial Relations). Both parties agreed there had been four breaches of AA’s privacy that had occurred in the course of telephone conversations between a staff member of the Office of Industrial Relations and staff of QSuper: at [4]. AA argued the breaches were malicious in nature and that a higher monetary award should be made: at [6]. The privacy complaint was referred to the Tribunal under section 176 of the Information Privacy Act 2009 (Qld): at [2].

Based on the evidence and submissions, the Tribunal found that breaches of Information Privacy Principle 11 occurred on four occasions: at [57]. It was held there was insufficient evidence to demonstrate that the privacy breaches were motivated by malice: at [64].

The Tribunal held that the Human Rights Act 2019 (Qld) had no operation in this matter: at [58]. Member Kent found that the Tribunal was sitting in its original jurisdiction and, therefore, was not a ‘public entity’ within the meaning of the Human Rights Act 2019 (Qld): at [58].

Link: https://archive.sclqld.org.au/qjudgment/2021/QCAT21-258.pdf