DSC v United Protestant Association [2020] NSWCATAD 315

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DSC v United Protestant Association [2020] NSWCATAD 315 Hearing dates: 13 October 2020 Date of orders: 16 December 2020 Decision date: 16 December 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: A Starke, Senior Member Decision: (1) The Tribunal determines to take no further action on the matter. (2) Under s 64(1) of the Civil and Administrative Tribunal Act 2013 the disclosure of the names of the applicant, the applicant's brother and the applicant's mother, or of material that identifies any of those individuals or is likely to lead to the identification of any of those individuals is prohibited. (3) Under s 64(1) of the Civil and Administrative Tribunal Act 2013, the disclosure of the name of the aged care facility the subject of these proceedings is prohibited. Catchwords: ADMINISTRATIVE LAW – Privacy - Health and medical information - Health privacy principle Legislation Cited: Aged Care Act 1997 (Cth) Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Health Records and Information Privacy Act 2002 (NSW) Information Privacy Act 2009 (Qld) Interpretation Act 1987 (NSW) Interpretation Act 1954 (Qld) NSW Trustee and Guardian Act 2009 (NSW) Powers of Attorney Act 2003 (NSW) Privacy Act 1988 (Cth) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: CWF v Arndt [2017] NSWCATAD 251 DSC v South Eastern Sydney Local Health District [2019] NSWCATAD 111 QY & QZ v Sydney South West Area Health Service (ED) [2010] NSWADTAP 48 Category: Principal judgment Parties: DSC (Applicant) United Protestant Association of NSW Limited (Respondent) NSW Privacy Commissioner (Interested party) Representation: Solicitors: Applicant (Self-Represented) Hall & Wilcox (Respondent) C. Higgins (NSW Privacy Commissioner) File Number(s): 2020/00185372 Publication restriction: The disclosure of the name of the applicant, the applicant's brother, the applicant's mother and the name of the aged care facility involved is prohibited.