DTN v Commissioner of Police [2022] NSWCATAD 305

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DTN v Commissioner of Police [2022] NSWCATAD 305 Hearing dates: 8 August 2022 Date of orders: 16 September 2022 Decision date: 16 September 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 9 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 is to pay to the Applicant damages in the amount of $7,500 by way of compensation for the damage he has suffered by reason of the Respondent's breaches of HPP 9. Catchwords: PRIVACY – personal information – health information - HPP 9 – reasonable steps to ensure information is accurate, complete and not misleading - appropriate remedies Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 (NSW) Health Records and Information Privacy Act 2002 (NSW) Privacy and Personal Information Act 1998 (NSW) Cases Cited: DTN v Commissioner of Police [2020] NSWCATAD 16 DTN v Commissioner of Police [2020] NSWCATAP 73 DTN v Commissioner of Police [2022] NSWCATAD 134 DTN v Commissioner of Police [2022] NSWCATAD 158 NK v Northern Sydney Central Coast Area Health Service (No 2) [2011] NSWADT 81 Texts Cited: None cited Category: Principal judgment Parties: DTN (Applicant) Commissioner of Police (Respondent) Representation: Applicant self-represented