CJU v HealthShare NSW [2021] NSWCATAD 372

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CJU v HealthShare NSW [2021] NSWCATAD 372 Hearing dates: 27 October 2021 Date of orders: 15 December 2021 Decision date: 15 December 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: A Christie, Senior Member Decision: (1) The Respondent failed to comply with s 10 PPIP Act/IPP 3 by not taking reasonable steps, either before or as soon as practicable after the collection of the Applicant's personal information, to notify the Applicant of the matters in ss 10 (a) to (f) PPIP Act. (2) The Respondent disclosed the Applicant's personal information to SESLHD in a breach of s 18(1) PPIP Act/IPP 11 and neither the exception in s 18(1)(a) PPIP Act nor the exemption in s 27A PPIP Act are made out in relation to Conduct of Concern 2. (3) The Applicant is to file and serve submissions as to remedy by 21 January 2022. (4) The Respondent is to file and serve submissions as to remedy within 28 days after receipt of the Applicant's submissions referred to in (3). (5) The Applicant may file and serve submissions in reply to the Respondent's submissions as to remedy within 14 days after receipt of those submissions referred to in (4). (6) The matter is to be relisted for directions before Senior Member Christie as to remedies on 25 March 2022 at 10am. Catchwords: ADMISTRATIVE REVIEW – personal information - disclosure of personal information relating to an inquiry and complaint to one agency by that agency to another agency in contravention of s 18 (IPP 11) of the Privacy and Personal Information Act 1998 – requirements for the exception in s 18 (1)(a) and exemption in s 27A of the Privacy and Personal Information Act 1998 – contravention of s 10 (IPP 3) of the Privacy and Personal Information Act 1998 Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Privacy Act 1988 (Cth) Privacy and Personal Information Protection Act 1998 Cases Cited: AIN v Medical Council of New South Wales [2017] NSWCATAP 23 AOZ v Rail Corporation NSW [2014] NSWCATAP 76 BV v the Commissioner of Police (New South Wales) [2021] NSWCATAD 250 CDV v Illawarra Shoalhaven Local Health District [2016] NSWCATAD 302 CEU v University of Technology Sydney [2018] NSWCATAD 13 DED v Randwick City Council [2017] NSWCATAD 327 Department of Education and Training v GA (No 3) [2004] NSWADTAP 50 Department of Education and Training v ZR (No 2) [2009] NSWADTAP 44 DMW & DMX v NSW Rural Fire Service [2019] NSWCATAD 158 DMW and DMX v NSW Local Land Services [2019] NSWCATAD 128 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 EIG v North Sydney Council [2021] NSWCATAD 313 EMF v Cessnock City Council [2021] NSWCATAD 219 Insurance and Care NSW v EEH [2021] NSWCATAP 350 KT v Sydney Local Health Network [2011] NSWADT 171 Nasr v State of New South Wales (2007) NSWCA 101 Privacy Commissioner v Telstra Corporation Limited [2017] FCAFC 4 ZR v Department of Education and Training (GD) [2010] NSWADTAP 75 Texts Cited: Nil Category: Principal judgment Parties: CJU (Applicant) HealthShare NSW (Respondent) Representation: Solicitors: Applicant (Self Represented) Crown Solicitor (Respondent) File Number(s): 2021/00077742 Publication restriction: Pursuant to s64 of the Civil and Administrative Tribunal Act 2013 the publication of the name of the applicant in these proceedings or reference to any information, picture or other material that identifies that person or is likely to lead to the identification of the person is prohibited.