KT v Sydney South West Area Health Services [2010] NSWADT 94

CITATION: KT v Sydney South West Area Health Services [2010] NSWADT 94

DIVISION: General Division

APPLICANT KT PARTIES: RESPONDENT Sydney South West Area Health Services

FILE NUMBER: 093096

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 11 September 2009

DATE OF DECISION: 15 April 2010

BEFORE: Molony P - Judicial Member

CATCHWORDS: Privacy - information protection principle - personal information - access

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Health Records and Information Privacy Act 2002 Privacy and Personal Information Protection Act 1998

CASES CITED: KO & KP v Commissioner of Police, New South Wales Police [2005] NSWADT 18 Department of Education and Training v ZR (No 2) (GD) [2009] NSWADTAP

APPLICANT In person REPRESENTATION: RESPONDENT A Britt, barrister

ORDERS: The Tribunal determines not to take any action in the matter.

REASONS FOR DECISION

Background

1 KT seeks a review of the conduct of a hospital, an entity belonging to the respondent, the Sydney South West Area Health Service (SSWAHS), that he asserts was in contravention of an information protection principle under the Privacy and Personal Information Protection Act 1989 ('the PPIPA') and which applies to the respondent. KT also asserts that the conduct was in breach of a health privacy principle under the Health Records and Information Privacy Act 2002 ("the HRIPA').

2 KT had made an internal review application, pursuant to section 53 of the PPIP Act, to the SSWAHS on 17 March 2009. In that application he described the conduct he was complaining about in the following terms, verbatim : - I applied on 12th Nov. 08 to access to investigation report of my personnel and get a copy of it under personal information Act. - I applied on 14th Feb. 09 to get Personal and Health Information addressed to Human Resources. - Then my request referred to Medical Legal Department who impose some fees to get it under freedom of information Act, ignoring to provide it under Personal Information Act or Health personnel information Act. - They asked me to contact someone else who are not privacy officer. - I need this information very urgently, so that the delay caused many harm to me. - My health information is needed for my personal reasons. - For further information, please contact me. - Conduct of Legal Medical Dep. in delay of my request.