JD v NSW Medical Board [2005] NSWADT 247

CITATION: JD v NSW Medical Board [2005] NSWADT 247 DIVISION: General Division APPLICANT PARTIES: JD RESPONDENT NSW Medical Board FILE NUMBER: 053030 HEARING DATES: 23/05/05 SUBMISSIONS CLOSED: 05/23/2005 DATE OF DECISION: 11/03/2005

BEFORE: Montgomery S - Judicial Member APPLICATION: Privacy - information protection principle - disclosure to third party - Privacy - information protection principle - personal information - use MATTER FOR DECISION: Principal matter Health Care Complaints Act 1993 Medical Practice Act 1992 LEGISLATION CITED : Poisons and Therapeutic Goods Act 1996 Privacy and Personal Information Protection Act 1998 Poisons and Therapeutic Goods Regulation 2002 BY -v- Director General, Attorney General's Department (No. 2) [2003] NSWADT 37 FM v Vice Chancellor, Macquarie University [2003] NSWADTAP 43 CASES CITED: JD v Department of Health (GD) [2005] NSWADTAP 44 KD v Registrar, NSW Medical Board [2004] NSWADT 5 McDonald -v- Commissioner of Police, NSW Police Service [2003] NSWADT 111 Watkins -v- Chief Executive, Roads and Traffic Authority [2000] NSWADT 11 REPRESENTATION: In person G Furness, barrister ORDERS: 1. I find that the NSW Medical Board has contravened sections 18(1) and 19(1) of the Privacy & Personal Information Protection Act 1998 in disclosing JD's personal information to the Pharmaceutical Services Branch of the NSW Department of Health; 2. The matter is to be listed for a planning meeting to allow the further conduct of the matter to be addressed.