EIG v North Sydney Council [2022] NSWCATAD 127

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EIG v North Sydney Council [2022] NSWCATAD 127 Hearing dates: 214 February 2022 Date of orders: 20 April 2022 Decision date: 20 April 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: S Dunn, Senior Member Decision: (1) Pursuant to s 64 Civil and Administrative Tribunal Act the publication or broadcast of the name of the Applicant in these proceedings is prohibited. Note: A reference to the name of the Applicant includes a reference to any information, picture or other material that identifies the Applicant or is likely to lead to the identification of the Applicant. (2) Within 14 days of the date of these Reasons for Decision the Respondent is to provide an unreserved formal written apology to the Applicant addressing and apologising for the Respondent's breaches of HPP 4 and HPP 11 in respect of the health information of the Applicant as identified in these Reasons for Decision and for all distress and embarrassment caused to the Applicant by such. (3) Within 14 days of the date of these Reasons for Decision the Respondent must publish an anonymous notice not identifying the Applicant (in accordance with the publication restriction) in the 'Latest News' section of the Respondent's website, under the heading "Council found to have committed privacy breaches" and noting Order 2 of the Tribunal in relation to the Respondent's breaches of HPP 4 and HPP 11 and such notice must stay up for a period of 3 months from publication. Catchwords: ADMINISTRATIVE LAW – administrative review – personal information – health information – disclosure of health information – contravention of Health Privacy Principle 4 and Health Privacy Principle 11 – appropriate relief. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Privacy and Personal Information Act 1998 (NSW) Health Records and Information Privacy Act 2002 (NSW) Cases Cited: CBL v Southern Cross University [2018] NSWCATAD 97 DED v Randwick City Council [2017] NSWCATAD 327 DQN v The University of Sydney [2019] NSWCATAD 266 EIG v North Sydney Council [2021] NSWCATAD 66 EIG v North Sydney Council [2021] NSWCATAD 313 Jackson v University of New South Wales [2018] NSWCATAD 271 Category: Principal judgment Parties: EIG (Applicant) North Sydney Council (Respondent) Representation: Counsel: A Edwards (Respondent)