ENY v Nepean Blue Mountains Local Health District [2024] NSWCATAD 157

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ENY v Nepean Blue Mountains Local Health District [2024] NSWCATAD 157 Hearing dates: On the papers Date of orders: 07 June 2024 Decision date: 07 June 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J Ledda, Senior Member Decision: (1) The parties having been given the opportunity to make submissions as to whether the Tribunal should dispense with a hearing, and being satisfied that the matter can be adequately determined in the absence of the parties, the Tribunal dispenses with a hearing of the applicant's application pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) The applicant's application is dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW). (3) The respondent is, on or before 4pm on 21 June 2024, to give the applicant and the Tribunal any submissions and documents it intends to rely on in relation to any application for costs it wishes to make. (4) The applicant is, on or before 4pm on 5 July 2024, to give the respondent and the Tribunal any submissions and documents the applicant intends to rely on in response to an application for costs (if any) made by the respondent. (5) Pursuant to s 50 of the Civil and Administrative Tribunal Act 2013 (NSW), the parties are to include in their written submissions their views about whether they consider that a hearing in relation to the application for costs can be dispensed with. Catchwords: ADMINISTRATIVE LAW — privacy — administrative review application made under Privacy and Personal Information Protection Act 1998 (NSW) for collateral purposes — role of NSW Civil and Administrative Tribunal — application of Briginshaw principles to serious misconduct allegations Legislation Cited: Administrative Arrangements (Minns Ministry—Administration of Acts) Order 2023 (NSW) Administrative Arrangements (Public Service agencies and Ministers) Order 2023 (NSW) Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Freedom of Information Act 1989 (NSW) Government Information (Public Access) Act 2009 (NSW) Government Sector Audit Act 1983 Government Sector Employment Act 2013 (NSW) Government Sector Finance Act 2018 (NSW) Health Records and Information Privacy Act 2002 (NSW) Health Records and Information Privacy Regulation 2022 (NSW) Health Services Act 1997 (NSW) NSW Self Insurance Corporation Act 2004 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) State Insurance and Care Governance Act 2015 (NSW) State Records Act 1998 (NSW) Cases Cited: AIL v Department of Premier and Cabinet (NSW) [2012] NSWADT 191 Attorney-General v Wentworth (1988) 14 NSWLR 481 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 BYW v Commissioner of Police, NSW Police Force [2015] NSWCATAP 270 Collins v Department of Fair Trading [2019] NSWCATAP 199 Crewdson v Central Sydney Area Health Service [2002] NSWCA 345 CYL v YZA [2016] NSWCATAD 314 CYL v YZA [2017] NSWCATAP 105 Department of Education and Training v GA (No 3) [2004] NSWADTAP 50 DQN v University of Sydney [2019] NSWCATAD 266 DVH v South Eastern Sydney Local Health District [2021] NSWCATAD 212 EJE v Nepean Blue Mountains Local Area Health District [2021] NSWCATAD 289 ENY v Nepean Blue Mountains Local Health District [2021] NSWCATAD 382 GA v The University of Sydney (GD) [2010] NSWADTAP 31 GBV v Western Sydney Local Health District [2024] NSWCATAD 110 GR v Department of Housing [2004] NSWADTAP 26 KO v Commissioner of Police, NSW Police Force (GD) [2005] NSWADTAP 56 KP v Narrandera Shire Council (GD) [2011] NSWADTAP 15 Meacham v Commissioner of Police [2020] NSWCATAP 107 Minister for Education and Early Childhood Learning v Zonnevylle (2020) 103 NSWLR 91; [2020] NSWCA 232 Miriani v Transport for NSW [2021] NSWCATAD 16 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 67 ALJR 170; [1992] HCA 66 Nepean Blue Mountains Local Health District v ENY [2022] NSWCATAP 356 OD v Department of Education and Training (GD) [2005] NSWADTAP 74 Voth v Manildra Flour Mills Pty Ltd (1990) 171 CLR 538; [1990] HCA 55 Williams v Spautz (1992) 174 CLR 509; [1992] HCA 34 Zonnevylle v Secretary, Department of Education [2021] NSWCATAD 361 Category: Principal judgment Parties: ENY (Applicant) Nepean Blue Mountains Local Health District (Respondent) Representation: Applicant (self-represented) Crown Solicitor (Respondent) File Number(s): 2024/00008850 Publication restriction: The publication or broadcast of the name of the applicant is prohibited under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW).