GKK v The Sydney Children’s Hospitals Network [2024] NSWCATAD 367

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GKK v The Sydney Children's Hospitals Network [2024] NSWCATAD 367 Hearing dates: 4 October 2024 Date of orders: 11 December 2024 Decision date: 11 December 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J Sullivan, Senior Member Decision: Pursuant to s 55(2) of the Privacy and Personal Information Protection Act 1998 (NSW), the Tribunal decides not to take any action on the matter. Catchwords: ADMINISTRATIVE REVIEW – Health Records and Information Privacy Act 2002 (NSW) – request for access (HPP 7) and amendment (HPP 9) - "authorised representative" in respect of child's health information – effect of Family Court orders - capacity of child – applicable exclusions under the Government Information (Public Access) Act 2009 Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Family Law Act 1975 (Cth) Government Information (Public Access) Act 2009 (NSW) Health Records and Information Privacy Act 2002 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) State Records Act 1998 (NSW) Cases Cited: Bailey v Commissioner of Police [2023] NSWCATAP 103 Choi v Commissioner of Police, NSW Police Force [2020] NSWCATAD 95 Crewdson v Central Sydney AHS [2002] NSWCA 345 Davison v NSW Department of Education and Training [2013] NSWADT 25 EHW v Secretary, Department of Education [2022] NSWCATAD 140 FCZ v Illawarra Shoalhaven Local Health District [2023] NSWCATAP 71 FNJ v Commissioner of Police, NSW Police Force [2022] NSWCATAD 130 Re Woolley; Ex parte Applicants M276/2003 by their next friend GS (2004) 225 CLR 1 Shi v Migration Agents Registration Authority (2008) 235 CLR 286 Snape v Commissioner of Police (No 2) [2022] NSWCATAP 244 YY & GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: None Cited Category: Principal judgment Parties: GKK (Applicant) The Sydney Children's Hospital Network (Respondent) Representation: Solicitors: