FCZ v Illawarra Shoalhaven Local Health District [2022] NSWCATAD 79

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FCZ v Illawarra Shoalhaven Local Health District [2022] NSWCATAD 79 Hearing dates: 21 December 2021 Date of orders: 11 March 2022 Decision date: 11 March 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: E Bishop, Senior Member Decision: (1) Pursuant to s 55(2) of the Privacy and Personal Information Protection Act 1998 (NSW), no action will be taken in this matter. (2) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) publication or broadcast of the name of the applicant, her child or her ex-husband is prohibited. (3) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) publication or broadcast of the name of the applicant's friend as proposed representative is prohibited. Catchwords: ADMINISTRATIVE LAW — health information of child —parent's access to information — authorised representative — public interest considerations — whether contravention of health privacy principle Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss 58, 59 Administrative Decisions Tribunal Act 1997 (NSW), s 75 Civil and Administrative Tribunal Act 2013 (NSW), ss 3, 27(1)(b), 36(1), 38(5)(c), 45, 50(2), 64, 73(2) Civil and Administrative Tribunal Rules 2014 (NSW), cl 32 Family Law Act 1975 (Cth), ss 4, 61B, 61C, 121 Government Information (Public Access) Act 2009 (NSW), ss 3, 12, 13, 14, 55 Health Records and Information Privacy Act 2002 (NSW), ss 6, 8, 11, 22(3), Sch 1 Privacy and Personal Information Protection Act 1998 (NSW), ss 53, 55 Cases Cited: AIN v Medical Council of New South Wales [2017] NSWCATAP 21 Department of Justice and Attorney-General v AY [2010] NSWADTAP 17 OD v Department of Education and Training (GD) [2005] NSWADTAP 74 Mansfield v Department of Family and Community Services [2014] NSWCATAD 43 Rilak & Tsocas (No 8) [2015] FamCA 1235 Rilak & Tsocas [2020] FamCA 49 Rodny v Stricke [2018] NSWCATAP 136 State of NSW (Justice Health) v Dezfouli [2008] NSWADTAP 69 WABZ v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 134 FCR 271 Texts Cited: None cited Category: Principal judgment Parties: FCZ (Applicant) Illawarra Shoalhaven Local Health District (Respondent) Representation: Applicant (self-represented)