ALL v Sydney Local Health District [2020] NSWCATAD 174

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ALL v Sydney Local Health District [2020] NSWCATAD 174 Hearing dates: On the papers Date of orders: 8 July 2020 Decision date: 08 July 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member Decision: (1) Pursuant to Clause 8(1) of Schedule 1 to the Health Records and Information Privacy Act 2002, the undated Coding/DRG Summary Report is to be removed from the applicant's medical record held by the respondent. (2) Pursuant to Clause 8(1) of Schedule 1 to the Health Records and Information Privacy Act 2002, the words 'dilusional ideation' and 'high' be struck through in the Continuity of Care Form dated 20 August 2007 contained in the applicant's medical record held by the respondent. (3) Pursuant to Clause 8(1) of Schedule 1 to the Health Records and Information Privacy Act 2002, the words 'or the clinical coder (on the Coding/DRG summary report)' are to be struck through on the cover page of ALL's medical records held by the respondent. Catchwords: ADMINISTRATIVE REVIEW – health record – deletion of health record - personal information – review of conduct of agency – contravention of - Health Records and Information Privacy Act 2002 -contravention of Privacy and Personal Information Protection Act 1998 – order for compensation Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Health Records and Information Privacy Act 2002 (NSW) Mental Health Act 1990 Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: AA & Ors v Department of Family and Community Services [2016] NSWSC 842 ALL v Sydney Local Health District (2004) AQO v Minister for Finance and Services (2006) 93 NSWLR NSWCATAD 4 ARC v Northern New South Wales Local Health District (2014) NSWCATAD Crewdson v Central Sydney Area Health Service (2002) NSWCA 345 Department of Education and Training v GA (No 3) [2004] NSWADTTAP 50 FH v Commissioner, New South Wales Department of Corrective Services (2003) NSWADT 72 and ALZ v WorkCover NSW (No 2) (2014) NSWCATAD 122 JD v Department of Health (GD) (2005) NSWADTAP 44 KP v Narrandera Shire Council (GD) [2011] NSWADTAP 15 KT v Sydney South West Area Health Service (2010) NSWADT 94 OD v Department of Education and Training (GD) [2005] NSWADTAP 74 RT v Commissioner of Police v NSW Police (2010) NSWADT 24 Category: Principal judgment Parties: ALL (Applicant) Sydney Local Health District (Respondent) Representation: Solicitors: ALL (Self Represented) Crown Solicitor (Respondent) File Number(s): 2018/00381439 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the Tribunal restricts disclosure of the name of the applicant, his victims or of evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons.