FHP v Arys Health Pty Ltd [2024] NSWCATAD 27

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FHP v Arys Health Pty Ltd [2024] NSWCATAD 27 Hearing dates: 31 May 2023 Date of orders: 30 January 2024 Decision date: 30 January 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: P French, Senior Member Decision: 1. The respondent's name is amended to Arys Health Pty Ltd. 2. Baig Medical Services Pty Ltd trading as Arys Health Medical Centre is joined as a respondent. 3. Ms J Scott of V Plus Corporation Pty Ltd is granted leave to appear on behalf of Arys Health Pty Ltd. 4. The applicant's request for an adjournment of the inquiry is refused. 5. The applicant's request that I disqualify myself from conducting the inquiry on the ground of apprehended bias is refused. 6. The Tribunal will take no action on the matter insofar as it concerns Arys Health Pty Ltd. 7. Insofar as it concerns Baig Medical Services Pty Ltd trading as Arys Health Medical Centre the application is to be listed for a Case Conference to determine whether this inquiry should continue with respect to that organisation and if so, for directions. 8. The applicant is to file with the Divisional Registrar an ASIC Company Extract for Baig Medical Services Pty Ltd trading as Arys Health Medical Centre which sets out its Registered Address within 7 days of the date of these orders. 9. The applicant must serve a copy of his application and this decision on Baig Medical Services Pty Ltd trading as Arys Health Medical Centre at its Registered Address within 7 days of the date of these orders. Catchwords: ADMINISTRATIVE REVIEW – Health Records and Information Privacy Act 2002 (NSW) – inquiry into a complaint made to the Privacy Commissioner PRACTICE AND PROCEDURE – whether the Tribunal ought to recuse itself on the ground of apprehended bias – proper respondent – joinder of a respondent party – whether proceedings should be adjourned – whether leave should be refused for the respondent to be represented – whether a person should be compelled to appear as a witness Legislation Cited: Administrative Decisions Review Act 1997 (NSW), s 58 Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 38, 46, 44, 48, 51, 64 Government Information (Public Access) Act 2009 (NSW) Health Records and Information Privacy Act 2002 (NSW), ss 11, 25, 26, 27, 28, 29, 45, 47, 48, 49, 52, 54, 59 Cases Cited: AHB v NSW Trustee and Guardian [2014] NSWCA 40 AON Risk Services Australia Limited v Australian National University [2009] HCA 27 Gaudie v Local Court of New South Wales & Anor [2013] NSWSC 1425 Ghazal v Masterton Homes Pty Ltd [2018] NSWCATAP 227 Texts Cited: Nil Category: Principal judgment Parties: FHP (Applicant) Arys Health Pty Ltd t/a Arys Health (First Respondent) Baig Medical Services Pty Ltd t/a Arys Health Medical Centre (Second Respondent) Representation: FHP (Self-Represented) J Scott (Records Management Team, V Plus Corporation Pty Ltd ) (First Respondent) Second Respondent (No Appearance) File Number(s): 2023/00045656 Publication restriction: The disclosure of the applicant's name is prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW). Note: A reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.