FDL v South Western Sydney Local Health District [2022] NSWCATAD 40

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FDL v South Western Sydney Local Health District [2022] NSWCATAD 40 Hearing dates: 24 January 2022 Date of orders: 08 February 2022 Decision date: 08 February 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: P French, Senior Member Decision: (1) An extension of time in which to make this application is refused. (2) The application is dismissed. Catchwords: ADMINISTRATIVE LAW – Privacy and Personal Information Protection Act 1998 – Health Records and Information Privacy Act 2002 – health privacy principles – administrative review of a reviewable decision – administrative review of an internal review of conduct of the agency PRACTICE & PROCEDURE - Civil and Administrative Tribunal Rules 2014 – Rule 24(4)(a1) – time period within which an application for administrative review may be made under s 55(1) of the Privacy and Personal Information Protection Act 1998 – whether the time in which to make the application should be extended Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Health Records and Information Privacy Act 2002 Interpretation Act 1987 Privacy and Personal Information Protection Act 1998 Cases Cited: Director General, Department of Education and Training v MT [2006] NSWCA 270 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Lam v Steve Jarvin Motors Pty Ltd [2016] NSWCATAP 186 Category: Principal judgment Parties: FDL (Applicant) South Western Sydney Local Health District (Rwespondent) Representation: FDL, self-represented Tegan Clemetson, Principal Investigations, Privacy and Compliance Officer (Respondent) File Number(s): 2021/00286317 Publication restriction: The publication or broadcast of the name of the applicant is prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013. The applicant is to be known by the pseudonym "FDL".