EEH v NSW Self Insurance Corporation [2022] NSWCATAD 361

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EEH v NSW Self Insurance Corporation [2022] NSWCATAD 361 Hearing dates: On the papers Date of orders: 10 November 2022 Decision date: 10 November 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: A Christie, Senior Member Decision: (1) Within 30 days of the date of these Reasons for Decision the Respondent must: (a) permanently and securely redact or delete in accordance with IPP 5(b) all of the Applicant's personal information which has been found in these Reasons for Decision to have been collected and/or is being held by the Respondent in breach of any of IPPs 1, 2 and/or 5 (i) contained in all copies of the Deed held by or under the control of the Respondent and (ii) which has otherwise been extracted or copied from the Deed and is held in any records of or under the control of the Respondent. This personal information includes, at a minimum, paragraphs D, E, F and G, the definitions of "Claims" and "[Name] Private Prosecution", clauses 2 and 6 and Schedules 1, 2, 3, 4, 5 and 10 of the Deed; and (b) provide to the Applicant an unreserved formal written apology addressing and apologising for the Respondent's breaches of IPPs 1, 2 and 5 as identified in these Reasons for Decision and for all harm, distress, loss and embarrassment caused to the Applicant resulting from such. (2) The Respondent must give the Applicant written notice of its compliance with Order (1)(a) above within 14 days of the date that the Respondent complied with that Order. Catchwords: ADMINISTRATIVE REVIEW - Privacy and Personal Protection Act – IPPs 1, 2 and 5 – ss 25(b) and 26 PPIP Act and exemption from compliance with IPP 2 – s 21 State Records Act and non‑compliance with IPP 5 – unsolicited information and when collected for the purposes of the PPIP Act – appropriate orders in the circumstances. Legislation Cited: Administrative Decisions Review Act 1997 Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 NSW Self Insurance Corporation Act 2004 Privacy Act 1988 (Cth) Privacy and Personal Information Protection Act 1998 State Records Act 1998 Workers' Compensation Act 1987 Cases Cited: AF v Healthquest & Another [2011] NSWADT 99 AIN v Medical Council of New South Wales [2017] NSWCATAP 23 ALZ v SafeWork NSW [2017] NSWCATAP 51 ALZ v WorkCover NSW [2015] NSWCATAP 138 CCM v Western Sydney University [2019] NSWCATAP 103 CEU v University of Technology Sydney [2018] NSWCATAD 13 CJU v HealthShare NSW [2021] NSWCATAD 372 DED v Randwick City Council [2017] NSWCATAD 327 Department of Education and Training v GA (No 3) [2004] NSWADTAP 50 Department of Education and Training v ZR (No 2) [2009] NSWADTAP 44 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 EMF v Cessnock City Council [2021] NSWCATAD 219 GL v Director General, Department of Education & Training [2003] NSW ADT 166 GR v Department of Housing (GD) [2004] NSWADTAP 26 Insurance and Care NSW v EEH [2021] NSWCATAP 350 KT v Sydney Local Health Network [2011] NSWADT 171 OA v Department of Housing [2005] NSWADT 233 OA v Department of Housing (No. 2) [2006] NSWADT 94 PN v Department of Education and Training (GD) [2010] NSWADTAP 59 Privacy Commissioner v Telstra Corporation Limited [2017] FCAFC 4 Waters v Transport for NSW [2018] NSWCATAD 40 Texts Cited: Nil Category: Principal judgment Parties: EEH (Applicant) NSW Self Insurance Corporation (Respondent) Representation: Solicitors: Applicant (Self Represented) Crown Solicitor (Respondent) File Number(s): 2020/00215886 Publication restriction: The publication or broadcast of the name of the Applicant is prohibited under s 64(1)(a) Civil and Administrative Tribunal Act 2013.