FQW v NSW Health Pathology South [2024] NSWCATAD 174

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FQW v NSW Health Pathology South [2024] NSWCATAD 174 Hearing dates: 12 October 2023 Date of orders: 27 June 2024 Decision date: 27 June 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member Decision: (1) The Tribunal takes no further action on the administrative review application before it. (2) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the name of the applicant, the applicant's child and the name of the former employee of the respondent named in the material filed by the parties is prohibited. (3) Pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure to the applicant of the evidence in; (a) Attachment Conf-MR-1 to the statement of Mathew Ryan dated 6 July 2023, and (b) the documents provided to the Tribunal in confidence, by the respondent, on 10 November 2023 in accordance with the order made on 12 October 2024; is prohibited. (4) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication of the matters contained in; (a) Attachment Conf-MR-1 to the statement of Mathew Ryan dated 6 July 2023, and (b) the documents provided to the Tribunal in confidence, by the respondent, on 10 November 2023 in accordance with the order made on 12 October 2024; is prohibited. Catchwords: ADMINISTRATIVE REVIEW – privacy – review of conduct of respondent public sector agency - Legislation Cited: Administrative Decisions Review Act (NSW) Health Records and Information Privacy Act 2002 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: BZX v Western Sydney Local Health District; BZY v Western Sydney Local Health District; BZZ v Western Sydney Local Health District [2015] NSWCATAD 210 Director General, Department of Education and Training v MT [2006] NSWCA 270 EQH v Health Administration Corporation (No. 2) [2022] NSWCATAD 45 FH v Commissioner, New South Wales Department of Corrective Services [2003] NSWADT 72 XW v Department of Education and Training [2009] NSWADT 73 Texts Cited: None cited Category: Principal judgment Parties: FQW (Applicant) NSW Health Pathology South (Respondent) Representation: Solicitors: Applicant (Self-represented) Norton Rose Fulbright Australia (Respondent) File Number(s): 2022/00385010 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the name of the applicant, the applicant's child and the name of the former employee of the respondent named in the material filed by the parties is prohibited.