FFD v Smile Excellence Dentistry [2022] NSWCATAD 42

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FFD v Smile Excellence Dentistry [2022] NSWCATAD 42 Hearing dates: 17 December 2021, 27 January 2022 Date of orders: 08 February 2022 Decision date: 08 February 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: E Bishop, Senior Member Decision: The respondent is to pay $27 to the applicant. Catchwords: ADMINISTRATIVE LAW — privacy — health and medical information — Health Privacy Principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 3, 49, 64 Health Records and Information Privacy Act 2002 (NSW), ss 3, 11, Pt 4, 26(1), 27, 47, 48, 52, 53, 54, , Sched 1 Cases Cited: Carroll v Tokdogan [2015] NSWCATAD 200 John Fairfax Group Pty Ltd v Local Court of New South Wales (1991) 26 NSWLR 131 Re VC and Australian Federal Police (1985) 8 ALD 587 State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69 Walton v Momot [1997] NSWSC 143 Category: Principal judgment Parties: FFD (Applicant) Smile Excellence Dentistry (Respondent) Representation: Self-represented (Applicant) No appearance (Respondent) File Number(s): 2021/0034492 Publication restriction: Pursuant to the Civil and Administrative Tribunal Act 2013 (NSW), s 64(1)(a) by order of the Tribunal dated 17 June 2021, there is to be no publication of any information that identifies or is likely to lead to the identification of the applicant.

reasons for decision