NSW Self Insurance Corporation v EEH [2023] NSWCATAP 181

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Self Insurance Corporation v EEH [2023] NSWCATAP 181 Hearing dates: 21 April 2023 Date of orders: 4 July 2023 Decision date: 04 July 2023 Jurisdiction: Appeal Panel Before: D Robertson, Senior Member R Dubler SC, Senior Member Decision: (1) Pursuant to S 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the name of the respondent is prohibited. (2) To the extent necessary, grant leave to appeal against the decision of the Tribunal published on 10 November 2022 in proceedings 2020/00215886. (3) Allow the appeal. (4) Set aside orders 1 and 2 made on 10 November 2022 in proceedings 2020/00215886. Catchwords: ADMINISTRATIVE LAW – Privacy and Personal Information Protection Act 1998 (NSW) – Personal information contained in settlement deed – Appellant responsible for administering payments made under settlement deed in respect of workers compensation claims although not a party to the deed – Deed must be read as a whole – Not appropriate to seek to distinguish between personal information relevant to resolution of workers compensation claims and administration of payments in respect of those claims and other personal information contained in the deed – Appellant did not breach IPPs 1, 2 and 5 by receiving and holding the personal information in the deed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Limitation Act 1969 (NSW) Museums of History NSW Act 2022 (NSW) NSW Self Insurance Corporation Act 2004 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) State Records Act 1998 (NSW) Workers Compensation Act 1987 (NSW) Cases Cited: ALZ v SafeWork NSW [2017] NSWCATAP 51 ALZ v WorkCover NSW [2015] NSWCATAP 138 Collins v Urban [2014] NSWCATAP 17 CYL v YZA [2016] NSWCATAD 314 CYL v YZA [2017] NSWCATAP 105 EEH v NSW Self Insurance Corporation [2022] NSWCATAD 361 Else v Service NSW [2021] NSWCATAD 172 GR v Director-General, Department of Housing (GD) [2004] NSWADTAP 26 Mulholland v Australian Electoral Commission (2004) 220 CLR 181 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Thomas and Naaz Pty Ltd (ACN 101 491 703) v Chief Commissioner of State Revenue [2022] NSWCATAP 220 Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue [2023] NSWCA 40 Texts Cited: Nil Cited Category: Principal judgment Parties: NSW Self Insurance Corporation (Appellant) EEH (Respondent) Representation: Solicitors: Crown Solicitor (Appellant) File Number(s): 2022/00370756 Publication restriction: The disclosure of the name of the respondent is prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2022] NSWCATAD 361 Date of Decision: 10 November 2022 Before: A Christie, Senior Member File Number(s): 2020/00215886