ENY v Nepean Blue Mountains Local Health District [2021] NSWCATAD 382

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ENY v Nepean Blue Mountains Local Health District [2021] NSWCATAD 382 Hearing dates: On the papers Date of orders: 23 December 2021 Decision date: 23 December 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: A Christie, Senior Member Decision: (1) 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. (2) If the applicant is a duly appointed executor or executrix of their late father's Will and the father has been dead for less than 30 years they are, in principle, able to apply to amend personal information and health information about their late father held by the respondent. (3) The parties should seek a date for a directions hearing before the Tribunal in relation to the summary dismissal application proceedings to establish the specific issues (or any limits on the issues) to be addressed by the parties in any written submissions and in any hearing before the Tribunal on whether the applicant is a valid executor/executrix of their father's Will and the rest of the issues raised in the summary dismissal application. Catchwords: ADMINSTRATIVE LAW -privacy – whether an executor/executrix of a deceased individual's Will is able to apply to amend the personal information and health information about that deceased person held by an agency Legislation Cited: Civil & Administrative Tribunal Act 2013 Health Records and Information Privacy Act 2002 Privacy and Personal Information Protection Act 1998 Cases Cited: DSC v United Protestant Association [2020] NSWCATAD 315 Hunter Quarries Pty Ltd v Alexandra Maxon as Administrator for the Estate of the Late Ryan Messenger [2018] NSWCA 178 Texts Cited: The Laws of Australia (Thomson Reuters, Subscription Service) 21.11 Privacy Category: Procedural rulings Parties: ENY (Applicant) Nepean Blue Mountains Local Health District (Respondent) Representation: Solicitors: Applicant (Self-Represented) Crown Solicitor (Respondent) File Number(s): 2021/00146516 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.