EJE v Western Sydney Local Health District [2021] NSWCATAP 247

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EJE v Western Sydney Local Health District [2021] NSWCATAP 247 Hearing dates: 25 June 2021 Date of orders: 26 August 2021 Decision date: 26 August 2021 Jurisdiction: Appeal Panel Before: A Britton, Principal Member Emeritus Prof G Walker, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. (3) The Respondent's application for costs is dismissed. Catchwords: ADMINISTRATIVE LAW — Particular administrative bodies — NCAT — administrative review of decision made under the Privacy and Personal Information Protection Act 1988 (NSW) PROCEDURE — dispensing with requirement to hold a hearing — precondition to exercising power to conduct hearing "on the papers" as permitted by s 50 of the Civil and Administrative Tribunal Act 2013 (NSW) COSTS — special circumstances — whether discretion to award costs should be exercised Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Privacy and Personal Information Protection Act 1988 (NSW) Government Information (Public Access) Act 2009 (NSW) Health Records and Information Privacy Act 2002 (NSW) Cases Cited: Alchin v Rail Corporation NSW [2012] NSWADT 142 BPU v NSW Trustee and Guardian (Costs) [2016] NSWCATAP 87 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 EJE v Department of Communities and Justice [2021] NSWCATAD 96 EJE v Registrar of Births, Deaths and Marriages [2021] NSWCATAD 92 EJE v Service NSW and Commissioner for Fair Trading [2021] NSWCATAD 62 EJE v Western Sydney Local Health District [2021] NSWCATAD 84 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 Feng v OzWood (Australia) Pty Ltd [2020] NSWCATAP 42 Nguyen & Anor v Perpetual Trustee Company Ltd; Perpetual Trustee Company Ltd v Nguyen & Anor (no 2) [2016] NSWCATAP 168 The Owners Corporation of Strata Plan 4521 v Zouk & anor [2007] NSWCA 23 Texts Cited: Nil Category: Principal judgment Parties: EJE (Appellant) Western Sydney Local Health District (Respondent) Representation: Solicitors: Appellant (Self-Represented) Crown Solicitor (Respondent) File Number(s): 2021/00094491 Publication restriction: Pursuant to s 64(1) of the Civil and Administrative Tribunal Act 2013, the disclosure and or publication of the name of EJE is prohibited. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2021] NSWCATAD 84 Date of Decision: 31 March 2021 Before: P Molony, Senior Member File Number(s): 2020/00301046