DMP v Sydney Local Health District [2021] NSWCATAD 246

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DMP v Sydney Local Health District [2021] NSWCATAD 246 Hearing dates: 3, 10, 23 and 24 July 2019 Date of orders: 18 August 2021 Decision date: 18 August 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: The Tribunal decides not to take any action in the matters. Catchwords: ADMINISTRATIVE REVIEW – privacy – health records – alleged breaches of Health Privacy Principles – use and accessibility of health information in training database – meaning of use – whether sufficient security safeguards – whether refusal to treat anonymously unlawful and impracticable – whether patient coerced to provide health information Legislation Cited: Health Insurance Act 1973 (Cth) Health Practitioner Regulation National Law (NSW) Health Practitioner Regulation (New South Wales) Regulation 2016 Health Records and Information Privacy Act 2002 Health Services Act 1997 Privacy and Personal Information Protection Act 1998 Poisons and Therapeutic Goods Regulation 2008 Cases Cited: Altaranesi v Administrative Decisions Tribunal [2004] NSWCA 19 CCM v Western Sydney University [2019] NSWCATAP 103 Department of Education v ZR (No 2) [2009] NSWADTAP 44 Director General, Department of Education and Training v MT [2005] NSWADTAP 77 EN v University of Technology, Sydney (No 2) [2009] NSWADT 193 FH v Commissioner, NSW Department of Corrective Services [2003] NSWADT 72 FM v Vice Chancellor, Macquarie University [2003] NSWADT 78 GL v Department of Education and Training [2003] NSWADT 166 JD v Department of Health [2005] NSWADTAP 44 KO & Anor v Commissioner of Police, NSW Police [2004] NSWADT 3 KO v Commissioner of Police (NSW) [2005] NSWADTAP 56 NR and NP v Roads and Traffic Authority [2004] NSWADT 276 Category: Principal judgment Parties: DMP (Applicant) Sydney Local Health District (Respondent) Representation: Counsel: J King (Respondent)