FZK v Northern Sydney Local Health District [2024] NSWCATAD 289

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FZK v Northern Sydney Local Health District [2024] NSWCATAD 289 Hearing dates: 8 July 2024 Date of orders: 1 October 2024 Decision date: 01 October 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: A Christie, Senior Member Decision: (1) The decision under review in respect of the health information redacted on the pages numbered 257‑258 of the 353 page bundle with the document name "[Applicant]_RNSVolume1" is affirmed. (2) Pursuant to s 55(2)(c) of the Privacy and Personal Information Protection Act 1998, within 14 days of the publication of these reasons for decision the Respondent must provide the Applicant with their health information previously redacted on pages 133‑134 and 229 of the 239 page bundle with the document name "[Applicant]_LowerNorthShoreVolume1_30April 2024" by giving the Applicant a copy of that health information. Catchwords: ADMINISTRATIVE LAW – administrative review – privacy – health information – access request under HPP 7 – establishing and application of public interest considerations under the Government Information (Public Access) Act 2009 Legislation Cited: Administrative Decisions Review Act (1997) Children and Young Persons (Care and Protection) Act 1998 Government Information (Public Access) Act 2009 Health Records and Information Privacy Act 2002 Mental Health Act 2007 Privacy and Personal Information Protection Act 1998 State Records Act 1988 Cases Cited: Commissioner of Police (NSW) v Camilleri [2012] NSWADTAP 19 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Leech v Sydney Water Corporation [2010] NSWADT 298 Neary v State Rail Authority Searle Australia Pty Ltd v PIAC Category: Principal judgment Parties: FZK (Applicant) Northern Sydney Local Health District (Respondent) Representation: Solicitors: Applicant (Self‑Represented) Crown Solicitor (Respondent) File Number(s): 2024/00162913 Publication restriction: The publication or broadcast of the name of the Applicant is prohibited pursuant to section 64(1)(a) of the Civil and Administrative Tribunal Act 2013.