ERJ v South Eastern Sydney Local Health District [2022] NSWCATAD 260

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ERJ v South Eastern Sydney Local Health District [2022] NSWCATAD 260 Hearing dates: 3 May 2022 Date of orders: 5 August 2022 Decision date: 05 August 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: S Dunn, Senior Member Decision: 1. Pursuant to s 64 of the 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 11 in respect of the Applicant's health information as identified in these Reasons for Decision and for all distress caused to the Applicant as a result of those breaches. Catchwords: PRIVACY – Health Privacy Principle 11 – was the Applicant's health information disclosed for the primary purpose - would the Applicant reasonably expect his information to be disclosed for a secondary purpose Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Health Records and Information Privacy Act 2022 (NSW) Privacy and Personal Information Act 1998 (NSW) Cases Cited: AEC v Commissioner of Police (NSW) [2013] NSWADTAP 30 AF v Minister for Health [2012] NSWADTAP 61 DTN v Commissioner of Police [2020] NSWCATAP 73 EJE v Department of Communities and Justice [2021] NSWCATAD 96 EON v Mid North Coast Local Health District [2022] NSWCATAD 113 Category: Principal judgment Parties: ERJ (Applicant) South Eastern Sydney Local Health District (Respondent) Representation: Applicant (self-represented)