PT v New South Wales Medical Board [2010] NSWADT 107

CITATION: PT v New South Wales Medical Board [2010] NSWADT 107

DIVISION: General Division

APPLICANT PT PARTIES: RESPONDENT New South Wales Medical Board

FILE NUMBER: 093207

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 6 November 2009

DATE OF DECISION: 3 May 2010

BEFORE: Higgins S - Judicial Member

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Records and Information Privacy Act 2002 Medical Practice Act 1990 Privacy and Personal Information Protection Act 1998

APPLICANT In person REPRESENTATION: RESPONDENT J McDonnell, solicitor

ORDERS: Pursuant to s55(2) of the PPIP Act, an order not to take any action in this matter.

REASONS FOR DECISION

1 This is an application by PT (the applicant) seeking review of conduct, by the New South Wales Medical Board (the respondent), which he asserts amounts to a contravention of the collection, use and disclosure health privacy principles and information protection principles under the Health Records and Information Privacy Act 2002 (the HRIP Act) and the Privacy and Personal Information Protection Act 1998 (the PPIP Act) respectively. PT also asserts that the alleged contravening conduct has caused him to suffer loss and damage and in his application he has sought orders under s55(2)(a) of the PPIP Act, which include the removal of the decisions from the respondent's website and compensation. 2 By consent, PT and the respondent agreed that the Tribunal should first determine the issue of liability; namely whether the conduct of the respondent, the subject of this application, amounts to a contravention of the health privacy principles under the HRIP Act, or a contravention of the information protection principle under the PPIP Act. The parties also agreed that the Tribunal determine this issue of liability on the papers pursuant to s76 of the Administrative Decisions Tribunal Act 1997. In accordance with orders made by the Tribunal at a planning meeting, PT and the respondent filed and served written submissions. The conduct 3 The conduct that is the subject of this application is that described in PT's application, to the respondent, for internal review under s21 of the HRIP Act and s53 of the PPIP Act. In summary the conduct complained about was as follows: (a) the release by the respondent, in 2008, on its website, of a decision about PT that was made by the Medical Tribunal in 2000; and