Northern Sydney Local Health District v FZK (No 2) [2024] NSWCATAP 246

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Northern Sydney Local Health District v FZK (No 2) [2024] NSWCATAP 246 Hearing dates: 20 November 2024 Date of orders: 05 December 2024 Decision date: 05 December 2024 Jurisdiction: Appeal Panel Before: G Blake AM SC, Principal Member Decision: (1) The Application of the Respondent that I recuse myself made on 19 November 2024 is dismissed. (2) The Application for Summary Dismissal of Appellant's Appeal lodged by the Respondent on 1 November 2024 is dismissed. Catchwords: APPEALS — bias — application for recusal — principles – application dismissed APPEALS — summary dismissal — application for summary dismissal - principles – application dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 38, 55, 80 Crimes Act 1900 (NSW), ss 249K, 249L, 250, 253, 254, 545B Government Information (Public Access) Act 2009 (NSW) Health Records and Information Privacy Act 2002 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: FZK v Department of Customer Service [2024] NSWCATAP 185 Narraport Woollahra Holdings Pty Ltd v Ice Box Liquor Pty Ltd [2024] NSWCATAP 240 Meacham v Commissioner of Police [2020] NSWCATAP 107 Reid v Commercial Club (Albury) Ltd [2014] NSWCA 98 Seek Justice Pty Ltd v State of New South Wales (No 2) [2024] NSWSC 1410 Unique Commercial Group Pty Ltd v Cusumano [2024] NSWCATAP 141 Unique Commercial Group Pty Ltd v Cusumano [2024] NSWCATAP 204 YJB v YJC [2024] NSWCATAP 221 Texts Cited: NCAT Member Code of Conduct New South Wales Health Privacy Manual for Health Information Category: Procedural rulings Parties: Northern Sydney Local Health District (Appellant) FZK (Respondent) Representation: Solicitors: Crown Solicitor (Appellant) Respondent (Self‑represented) File Number(s): 2024/00382100 Publication restriction: The publication or broadcast of the name of the Respondent is prohibited pursuant to section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW). Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: FZK v Northern Sydney Local Health District [2024] NSWCATAD 289 Date of Decision: 1 October 2024 Before: A Christie, Senior Member File Number(s): 2024/00162913