DTN v Commissioner of Police (No 4) [2020] NSWCATAD 227

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DTN v Commissioner of Police (No 4) [2020] NSWCATAD 227 Hearing dates: On the papers Date of orders: 15 September 2020 Decision date: 15 September 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: G Blake AM SC, Senior Member Decision: (1) Order pursuant to s 55(2)(g) of the PPIP Act that the respondent: (a) correct in the manner specified therein the document referred to in paragraph 43 of this decision, and provide the applicant with a copy of the corrected document within seven days; (b) undertake reasonable searches of all documents in his possession and all electronic systems accessible to him that relate to the applicant, and correct any reference to the applicant having a "psychotic illness" within the period of four weeks; (c) inform the applicant in writing within seven days of his completion of the searches referred to in order (1)(b), and provide the applicant with a copy of any corrected documents or electronic record. Catchwords: ADMINISTRATIVE REVIEW – health information – review of conduct of agency admitted to be a contravention of Health Privacy Principle – ancillary order that the agency search its records and correct any documents containing incorrect information Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 50 Privacy and Personal Information Protection Act 1998 (NSW), ss 53, 55 Cases Cited: BKM v Sydney Local Health District [2015] NSWCATAD 87 JD v Director General, NSW Department of Health [2007] NSWADT 219 JD v Director General, NSW Department of Health (No 2) [2007] NSWADT 256 MH v NSW Maritime [2011] NSWADT 248 Texts Cited: None cited Category: Principal judgment Parties: DTN (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Applicant (Self Represented) Sparke Helmore Lawyers (Respondent) File Number(s): 2019/00086806 Publication restriction: With the exception of officers of the respondent, the publication or broadcast of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in these proceedings. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013. Note: a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.