EQH v Health Administration Corporation [2021] NSWCATAD 215

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EQH v Health Administration Corporation [2021] NSWCATAD 215 Hearing dates: 16 July 2021 Date of orders: 26 July 2021 Decision date: 26 July 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member Decision: (1) An order pursuant to s. 64(1)(a) of the Civil and Administrative Tribunal Act 2013 prohibiting the disclosure of the names of the employee and of the witness. (2) An order pursuant to s. 64(1)(c) of the Civil and Administrative Tribunal Act prohibiting the publication of the confidential matters contained in the confidential version of Matthew Ryan's statement, the confidential attachments to his statement and the confidential version of the Respondent's submissions filed on 31 May 2021. (3) An order pursuant to s. 64(1)(d) of the Civil and Administrative Tribunal Act 2013 prohibiting the disclosure to the Applicant of the confidential version of Matthew Ryan's statement, the confidential attachments to his statement and the confidential version of the Respondent's submissions filed on 31 May 2021. Catchwords: PRIVACY – confidential documents - s. 64 Civil and Administrative Tribunal Act 2013 (NSW) Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Administrative Decisions Tribunal Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Court Suppression and Non-Publication Orders Act 2010 Government Information (Public Access) Act 2009 Guardianship Act 1997 (NSW) Privacy and Personal Information Protection Act 1998 Cases Cited: Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88 Bellamy v Bellamy [2018] NSWSC 534 DRJ v Commissioner of Victims Rights [2020] NSWCA 136 Misrachi v Public Guardian [2019] NSWCA 67, at [13] Miss BCG (2015) NSWCATGD 61 SF v Shoalhaven City Council (2013) NSWADT 94 SL v University of Sydney [2011] NSWADT 65 State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69 Tilly v Children's Guardian [2017] NSWCA 174 Category: Principal judgment Parties: EQH - Applicant Health Administration Corporation - Respondent Representation: Applicant - In person Respondent – Ms A Sapienza, for the Crown Solicitor File Number(s): 2021/00091004 Publication restriction: An order pursuant to s64(1)(a) Civil and Administrative Tribunal Act 2013 (NSW) prohibiting the disclosure of the name of (EQH).