EEH v Insurance & Care NSW [2022] NSWCATAD 82

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EEH v Insurance & Care NSW [2022] NSWCATAD 82 Hearing dates: 2 July 2020; 28 October 2020 Date of orders: 14 March 2022 Decision date: 14 March 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member Decision: (1) Pursuant to section 55(2) of the Privacy and Personal Information Protection Act 1998, the Tribunal determines to take no further action with respect to the applicant's administrative review application. (2) The applicant's administrative review application is dismissed. (3) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 disclosure of: (a) the material provided by the respondent to the Tribunal in confidence; and (b) paragraphs 168 and 169 of these reasons identified as NOT TO BE PUBLISHED is prohibited. That material and paragraphs are not to be released to the applicant or the public. Catchwords: ADMINISTRATIVE LAW – administrative review of conduct under the Privacy and Personal Information Protection Act 1998 (PPIP Act) – access to personal information and health information – scope of conduct the subject of review - excessive delay – factors relevant to determining information provided with excessive delay - whether exception applies Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Health Records Information Privacy Act 2002 (NSW) NSW Self Insurance Corporation Act 2004 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) State Insurance and Care Governance Act 2015 (NSW) Workplace Injury Management and Workers Compensation Act 1988 (NSW) Cases Cited: AFU v Sydney Local Health District [2012] NSWADT 197 Archer Capital 4A Pty Ltd (atf Archer Capital Trust 4A) v Sage Group pic (No 2) [2013] FCA 1098; (2013) 306 ALR 384 AWB Limited v Honourable Terence Rhoderic Hudson Cole [2006] FCA 571 AYT v Sydney Local Health District [2014] NSWCATAD 29 BNQ v South Eastern Sydney Local Health District [2015] NSWCATAD 156 Colefax v Department of Education and Communities [2013] NSWADT 72 Commissioner Australian Federal Police v Propend Finance Pty Ltd [1997] HCA 3; (1997) 188 CLR 501 Daniels Corp International Pty Limited v Australian Competition and Consumer Commissioner [2002] HCA 49; (2002) 213 CLR 543 Department of Education and Training v GA (No 3) [2004] NSWADTAP 50 DVT v Commissioner of Police [2021] NSWCATAD 108 Grant v Downs [1976] HCA 63; (1976) 135 CLR 674 at 689 KT v Sydney South West Area Health Services [2010] NSWADT 94 Mann v Carnell (1999) 201 CLR 1; [1999] HCA 86 OA v NSW Department of Housing [2005] NSWADT 233 Ormonde v NSW National Parks & Wildlife Service (No 2) [2004] NSWADT 253 Wojciechowska v Commissioner of Police [2020] NSWCATAP 173 Category: Principal judgment Parties: EEH (Applicant) Insurance & Care NSW Representation: Counsel: J Curtin (Respondent)