Insurance and Care NSW v EEH [2021] NSWCATAP 350

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Insurance and Care NSW v EEH [2021] NSWCATAP 350 Hearing dates: 23 July 2021 Date of orders: 9 November 2021 Decision date: 09 November 2021 Jurisdiction: Appeal Panel Before: Cole DCJ, Deputy President Dr J Lucy, Senior Member Decision: (1) The orders made by the Tribunal on 24 March in case number 2020/00087351 are varied by the deletion of order 2. (2) The appeal is otherwise dismissed. (3) Pursuant to s 64(1)(a) and (c) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the name of the respondent in this matter, and evidence in the proceedings which identifies the respondent, is prohibited. Catchwords: ADMINISTRATIVE LAW — Whether reviewable error of law — whether procedural fairness accorded Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Health Records and Information Privacy Act 2002 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: Cypressvale Pty Ltd v Retail Shop Leases Tribunal [1996] 2 Qd R 462 DTN v Commissioner of Police (No 3) [2020] NSWCATAP 73 Frost v Kourouche [2014] NSWCA 39 KP v Narrandera Shire Council (GD) [2011] NSWADTAP 15 New South Wales Land and Housing Corp v Orr (2019) 100 NSWLR 578 NS v Commissioner, Department of Corrective Services [2004] NSWADT 263 Category: Principal judgment Parties: Insurance and Care NSW (Appellant) EEH (Respondent) Representation: Counsel: J Curtin (Appellant)