EPT v The Sydney Children’s Hospital Network [2022] NSWCATAD 137

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EPT v The Sydney Children's Hospital Network [2022] NSWCATAD 137 Hearing dates: 30 September 2021 Date of orders: 28 April 2022 Decision date: 28 April 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member Decision: (1) Pursuant to s 64 (1)(a) of the Civil and Administrative Tribunal Act 2013, the name of any person (whether or not a party to proceedings in the Tribunal or a witness summoned by, or appearing before, the Tribunal) is prohibited. (2) The decision made by the Respondent on 5 March 2021 is set aside. (3) In substitution thereof, the Respondent breached s 12(c) of the Privacy and Personal Information Protection Act 1998 by failing to secure the applicant's personal information between February 2017 to May 2018. (4) Within 28 days, the Respondent is to provide to the Applicant an unreserved written apology addressing and apologising for the Respondent's breach of s 12(c) of the Privacy and Personal Information Protection Act 1998 as identified in these Reasons for Decision and for all distress and harm caused to the Applicant as a result. (5) Within 28 days, the Respondent is to pay the Applicant the sum of $10,000. Catchwords: PRIVACY - breach of s 12(c) of the Privacy and Personal Information Protection Act 1998 – breach of IPP – damages – compensation - material factor Legislation Cited: Administrative Decisions Review Act 1997 Anti-Discrimination Act 1977 Civil and Administrative Tribunal Act 2013 Government Sector Finance Act 2018 Government Service Audit Act 1983 Health Records and Information Privacy Act 2002 Health Services Act 1997 Mental Health Act 2007 Privacy and Personal Information Protection Act 1998 Cases Cited: AOZ v Rail Corporation NSW (No 2) [2015] NSWCATAP 179 BVS v Sydney Local Health District [2015] NSWCATAD 171 at [77] CYH v Family and Community Services [2018] NSWCATAD 84 Director-General Department of Education and Training v MT [2005] NSWADTAP 77 EMF v Cessnock City Council [2021] NSWCATAD 2019 HP v Hunter New England Area Health Services [2009] NSWADT 186 Jackson v University of NSW [2018] NSWCATAD 12 MT v Department of Education and Training (2004) NSWADT 194 Roads & Maritime Services v AF; AF v Roads & Maritime Services [2011] NSWADTAP 63 Category: Principal judgment Parties: EPT (Applicant) The Sydney Children's Hospital Network (Respondent) Representation: Solicitors: Applicant self-represented Crown Solicitor (Respondent) File Number(s): 2021/00073135 Publication restriction: Pursuant to s 64 (1)(a) of the Civil and Administrative Tribunal Act 2013, the name of any person (whether or not a party to proceedings in the Tribunal or a witness summoned by, or appearing before, the Tribunal) is prohibited.