Ooi v NSW Ministry of Health [2023] NSWCATAD 107

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ooi v NSW Ministry of Health [2023] NSWCATAD 107 Hearing dates: 13 December 2022 Date of orders: 5 May 2023 Decision date: 05 May 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: E Bishop SC, Senior Member Decision: The decision under review is affirmed Catchwords: ADMINISTRATIVE LAW — access to government information — reasonable search — information not held by the agency Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss 7, 9, 63, 65 Civil and Administrative Tribunal Act 2013 (NSW), ss 30(1), 30(3) Government Information (Public Access) Act 2009 (NSW), ss 3, 4, 9, 53, 58, 75, 80(e), 100, 104(1), 105(1), Sch 4 Health Administration Act 1982 (NSW) Health Records and Information Privacy Act 2002 (NSW) State Records Act 1998 (NSW) Cases Cited: Commissioner of Police v Danis [2017] NSWCATAP 7 Commissioner of Police v DYD [2022] NSWCATAP 224 Evans v Chief Commissioner of State Revenue [2022] NSWCATAD 307 Kitson v Manly Council [2015] NSWCATAD 102 Nicholson v Sydney Children's Hospital Network [2021] NSWCATAD 87 Redfern Legal Centre v Commissioner of Police [2021] NSWCATAD 288 Wojciechowska v Commissioner of Police [2020] NSWCATAP 173 Texts Cited: NSW Health Policy Directive PD2012_012, "Data Collections – Disclosure of unit record data held for research or management of health issues" NSW Ministry of Health, Public Health Response Branch report, Covid-19 Surveillance in NSW NSW Ministry of Health, Public Health Response Branch reports, COVID-19 Weekly Surveillance in NSW Category: Principal judgment Parties: Xin Yin Ooi (Applicant) NSW Ministry of Health (Respondent)