PC v Parramatta City Council [2010] NSWADT 202

CITATION: PC v Parramatta City Council [2010] NSWADT 202

DIVISION: General Division

APPLICANT PC PARTIES: RESPONDENT Parramatta City Council

FILE NUMBER: 093190

HEARING DATES: 19 April 2010

SUBMISSIONS CLOSED: 19 April 2010

DATE OF DECISION: 16 August 2010

BEFORE: Wilson R - Judicial Member

CATCHWORDS: Circumstantial evidence and inferred facts

LEGISLATION CITED : Health Records and Information Privacy Act 2002

APPLICANT F Maghami Esq, of Counsel REPRESENTATION: RESPONDENT R Mouwad, agent J McAteer for the Privacy Commissioner

ORDERS: 1. The email in question was caused to be printed by an officer employed by the respondent, other than the applicant 2. The proceedings are listed for further directions on 19 August 2010 at 11:00 am.

REASONS FOR DECISION

1 The applicant has brought these proceedings pursuant to the provisions of the Health Records and Information Privacy Act 2002 following an unsuccessful application for internal review under that Act. There are no jurisdictional issues arising in the proceedings. However, the parties have requested the Tribunal to consider and determine one aspect of liability, prior to addressing any question of applicable remedy, should there be breach. The Tribunal has acquiesced to this request. The precise point for determination is perhaps better described as a preliminary issue, and is discussed further below. As matters presently stand this point is the only issue that the parties wish to argue on the question of liability and breach. Consequently, it is an appropriate course to pursue.