EEH v Insurance and Care NSW (iCare) [2021] NSWCATAD 72

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EEH v Insurance and Care NSW (iCare) [2021] NSWCATAD 72 Hearing dates: 16 September 2020 Date of orders: 24 March 2021 Decision date: 24 March 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: A Christie, Senior Member Decision: (1) Within 120 days of the date of these Reasons for Decisions the Respondent is to (i) perform IPP 9 including by specifying in a procedures document and implementing those steps as are reasonable in the circumstances, having regard to the purpose for which personal information is to be used, which are to be taken by the Respondent and it's agents to ensure that the personal information is relevant, accurate, up to date, complete and not misleading before it is used and (ii) implement such administrative measures necessary to ensure the Respondent and it's agents will not again fail to take steps as are reasonable in the circumstances, having regard to the purpose for which personal information is to be used, to ensure that the personal information to be used is relevant, accurate, up to date, complete and not misleading before it is used. (2) The Respondent is to amend its Privacy Management Plan to explain how the Respondent and its agents will check the accuracy of personal information (i.e. the reasonable steps that will be taken) before using it, in accordance with the steps determined and to be implemented in complying with Order (1) above. Catchwords: ADMINISTRATIVE REVIEW – Privacy and Personal Information Protection Act - questions to assess the application of IPP 9 in the circumstances - what constitutes use for the purposes of IPP 9 - what are reasonable steps to check the accuracy of personal information in the circumstances under IPP 9 (s16 PIPP Act) - relief available where IPP 9 breached but personal information is accurate Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Health Records and Information Privacy Act (2002) Privacy and Personal Information Protection Act 1998 Workplace Injury Management and Workers Compensation Act 1988 Cases Cited: AEC v Commissioner of Police (NSW) [2013] NSWADTAP 30 ALZ v SafeWork [2017] NSWCATAD 52 ALZ v WorkCover NSW [2015] NSWCATAP 138 BFP v NSW Ambulance Service [2015] NSWCATAD 39 CEU v University of Technology Sydney [2018] NSWCATAD 13 Department of Education and Communities v VK [2011] NSWADTAP 61 Department of Education and Training v GA (No 3) [2004] NSWADTAP 50 Department of Education and Training v ZR (No 2) [2009] NSWADTAP 44 DSG v Department of Education [2019] NSWCATAD 182 DTN v Commissioner of Police [2020] NSWCATAP 73 FM v Macquarie University [2003] NSWADT 78 Housing NSW v Hamilton [2015] NSWCATAP 136 JD v Director General, NSW Department of Health (No 2) [2004] NSWADT 227 JD v Department of Health (GD) [2005] NSWADTAP 44 JD v Department of Health (NSW) [2006] NSWADT 44 KO and KP v Commissioner of Police, NSW Police Force (GD) [2005] NSWADTAP 56 MT v Director General, NSW Department of Education and Training [2004] NSWADT 194 New South Wales Crime Commission v Ollis [2006] NSWCA 76 OD v Department of Education and Training [2006] NSWADT 312 PN v Department of Education and Training [2010] NSWADTAP 59 Vice-Chancellor Macquarie University v FM (No 2) [2004] NSWADTAP 37 ZR v NSW Department of Education and Training [2008] NSWADT 199 Category: Principal judgment Parties: EEH (Applicant) Insurance and Care NSW (Respondent) Representation: Counsel: J Curtin (Respondent)