DMP v Sydney Local Health District [2022] NSWCATAP 357

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DMP v Sydney Local Health District [2022] NSWCATAP 357 Hearing dates: 4 February 2022 Date of orders: 15 November 2022 Decision date: 15 November 2022 Jurisdiction: Appeal Panel Before: T Simon, Principal Member P H Molony, Senior Member Decision: 1. Time for lodgement of the Notice of Appeal is extended to 21 September 2021. 2. Leave to appeal is refused. 3. The appeal is dismissed. Catchwords: APPEALS — Privacy - leave to appeal– adequacy of reasons – delay in providing reasons - procedural fairness – failure to resolve a factual dispute – failure to consider submissions – fresh evidence – failure to make findings Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Government Information (Public Access) Act 2009 (GIPA) Health Records and Information Privacy Act 2002 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: Building Professionals Board v Hans (2008) NSWADTAP 13 Collins v Urban [2014] NSWCATAP 17 Dubois v R & B Bergin Pty Ltd [2011] NSWCA 309 DVH v South Eastern Sydney Local Health District [2021] NSWCATAD 212 Italiano v Carbone [2005] NSWCA 177 Jackson v NSW Land & Housing Corporation [2014] NSWCATAP 22 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Meacham v Commissioner of Police [2020] NSWCATAP 107 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 Monie v Commonwealth [2005] NSWCA 25; 63 NSWLR 729 MM Constructions (Aust) Pty Ltd v Port Stephens Council [2012] NSWCA 417; 191 LGERA 292 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 NRM Corporation Pty Ltd v Australian Competition and Consumer Commission [2016] FCAFC 98 NZ v Commissioner of Police, NSW Police (GD) [2006] NSWADTAP 57 Office of Finance and Services v APV and APW [2014] NSWCATAP 88 Stoker v Adecco Gemuale Constructions Pty Ltd [2004] NSWCA 449 Texts Cited: None cited Category: Principal judgment Parties: DMP (Appellant) Sydney Local Health District (Respondent) Representation: Appellant (Self Represented) Crown Solicitor (Respondent) File Number(s): 2021/00269171 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 the name of the applicant is not to be disclosed. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: N/A Date of Decision: 18 August 2021 Before: K Ransome, Senior Member File Number(s): 2018/00199878, 2018/00355100, 2019/00017318