FCZ v Illawarra Shoalhaven Local Health District [2023] NSWCATAP 71

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FCZ v Illawarra Shoalhaven Local Health District [2023] NSWCATAP 71 Hearing dates: 8 July 2022 Date of orders: 13 March 2023 Decision date: 13 March 2023 Jurisdiction: Appeal Panel Before: I Coleman, SC ADCJ Principal Member C Mulvey, Senior Member Decision: 1. Leave is granted to the FCZ to file an amended Notice of Appeal to include leave to appeal on grounds 5, 6, 8, 10, 12 and 13. 2. Leave is granted to FCZ to file a Medicare letter dated 28 June 2022. 3. Pursuant to s81(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) vary the decision under appeal to anonymise the reference to X, FCZ's agent pursuant to s64(1)(a) of the Civil and Administrative Tribunal Act 2013. 4. Leave to appeal on grounds 5, 6, 8, 10, 12 and 13 is refused. 5. The appeal is otherwise dismissed. 6.The respondent shall file and serve submissions on the question of costs seven days after publication of these reasons. 7.The applicant shall file and serve submissions on the question of costs fourteen days after publication of these reasons. 8.The submissions should address whether a hearing on the question of costs can be dispensed with pursuant to s 50(2) of the NCAT Act and whether the special circumstances provisions of s 60 of the NCAT Act apply. Catchwords: ADMINISTRATIVE LAW – health information – authorised representative – disclosure of health information – whether contravention of health protection principles – whether non-compliance otherwise permitted – whether action should be taken Legislation Cited: Children and Young Person's (Care and Protection) Act 1998 Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act (NSW) 2009 Health Records and Information Privacy Act 2002 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: Assistant Commissioner Michael James Condon v Pompano Pty Ltd [2013] HCA 7; (2013) 295 ALR 638 CEO of Customs v AMI Toyota Ltd (2000) 102 FCR 578 (Full Fed Ct), [2000] FCA 1343 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Craig v South Australia (1995) 184 CLR 163 Destination NSW v Taylor [2019] NSWCATAP 123 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 EOK v Northern Beaches Council [2021] NSWCATAD 297 FCZ v Illawarra Shoalhaven Local health District [2022] NSWCATAD 79 Gillick v West Norfolk and Wisbech AHA [1986] AC 112 Isbester v Knox City Council [2015] HCA 20; (2015) 255 CLR 135 Johnson v Johnson [2000] HCA 48; (2000) 201 CLR 488 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Nepean Blue Mountains Local Health District v ENY [2022] NSWCATAP 356 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 SZRUI v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCAFC 80 VEAL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 72; (2005) 225 CLR 88 Category: Principal judgment Parties: FCZ (Appellant) Illawarra Shoalhaven Local Health District (Respondent) Representation: Solicitors: Appellant (Self represented) Crown Solicitor (Respondent) File Number(s): 2022/00099570 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 publication or broadcast of the name of the applicant, her agent or her child is prohibited. Decision under appeal Court or tribunal: New South Wales Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: FCZ v Illawarra Shoalhaven Local Health District [2002] NSWCATAD 79 Date of Decision: 11 March 2022 Before: E Bishop, Senior Member File Number(s): 2021/00259392