JD v Director General, NSW Department of Health [2006] NSWADT 353

CITATION: JD v Director General, NSW Department of Health [2006] NSWADT 353

DIVISION: General Division

APPLICANT PARTIES: JD RESPONDENT Director General, NSW Department of Health

FILE NUMBER: 053301

HEARING DATES: 23/11/05, 09/06/06

SUBMISSIONS CLOSED: 06/09/2006

DATE OF DECISION: 12/12/2006

BEFORE: Higgins S - Judicial Member

CATCHWORDS: Privacy - information protection principle - accuracy - 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 LEGISLATION CITED : Medical Practice Act 1992 Poisons and Therapeutic Goods Act 1996 Privacy and Personal Information Protection Act 1998

JD v Department of Health (GD) [2005] NSWADTAP 44 CASES CITED: JD v Director General Department of Health [2004] NSWADT 7 JD v Director General NSW Department of Health (No.2) [2004] NSWADT 227

APPLICANT In person REPRESENTATION: RESPONDENT K Thomas, solicitor

ORDERS: 1. The Department has contravened section 16 of the Privacy & Personal Information Protection Act 1998 that it used personal information it held about JD without taking such steps as were reasonable in the circumstances to ensure that, having regard to the purpose for which the information was proposed to be used, that the information was relevant, accurate, up to date, complete and not misleading; 2. The application is listed for further directions at 9.15 am on 1 February 2007.