Cumberland Council v FMH [2023] NSWCATAP 274

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cumberland Council v FMH [2023] NSWCATAP 274 Hearing dates: 25 August 2023 Date of orders: 10 October 2023 Decision date: 10 October 2023 Jurisdiction: Appeal Panel Before: Hennessy, ADCJ, Deputy President Dr R Dubler SC, Senior Member Decision: 1. Grant leave to the Appellant to rely on the amended Notice of Appeal dated 5 September 2023. 2. To the extent required, leave to appeal is granted. 3. Appeal allowed. 4. Set aside orders (4) – (10) of the orders of the Tribunal made on 31 August 2022 and in lieu thereof pursuant to s 55(2) of the Privacy and Personal Information Protection Act 1998 (NSW) the Tribunal decides not to take any action on the matter. 5. Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) the publication of the name of the Respondent in these appeal proceedings or reference to any information, picture or other material that identifies that person or is likely to lead to the identification of that person is prohibited. Catchwords: ADMINISTRATIVE REVIEW – Privacy and Personal Information Protection Act 1998 (NSW) – IPPs 5, 10, 11 and 12 – Health Record Information Protection Act 2002 (NSW) – HPPs 4, 5, 10 and 11 – whether s 25(b) of the PPIP Act applied and exempted compliance with the relevant IPPs and HPPs – whether information was unsolicited for the purposes of IPPs 10, 11 and HPPs 10 and 11 APPEALS – whether the Appellant was denied procedural fairness Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Record Information Protection Act 2002 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: AIN v Medical Council of New South Wales [2017] NSWCATAP 23 Bellamy v Bellamy [2018] NSWSC 534 BFP v NSW Ambulance Service [2015] NSWCATAD 39 CCM v Western Sydney University (No 2) [2018] NSWCATAD 205 Collector of Customs v Pozzolanic [1993] FCR 280 Collins v Urban [2014] NSWCATAP 17 EMF v Cessnock City Council [2021] NSWCATAD 219 FMH v Cumberland Council [2022] NSWCATAD 293 Hearne v Street [2008] 235 CLR 125 Independent Liquor and Gaming Authority v D & D Natural Health Pty Ltd [2021] NSWCATAP 170 MT v Director General, NSW Department of Education & Training [2004] NSWADT 194 PN v Department of Education and Training (GD) [2010] NSWADTAP 59 Privacy Commissioner v Telstra Corporation Limited [2017] FCAFC 4 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Registrar of Births, Deaths and Marriages v Kelloway [2023] NSWCATAP 231 Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue [2022] NSWCATAP 220 ZR v Department of Education and Training (GD) [2010] NSWADTAP 75 Texts Cited: Nil Category: Principal judgment Parties: Cumberland Council (Appellant) FMH (Respondent) Representation: Counsel: R Sud (Appellant) P Glissan (Respondent)