LB v Lattimore [2010] NSWADT 122

CITATION: LB v Lattimore [2010] NSWADT 122

DIVISION: General Division

APPLICANT LB PARTIES: RESPONDENT Dr Glenda Lattimore

FILE NUMBER: 093254

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 17 November 2009

DATE OF DECISION: 26 May 2010

BEFORE: Higgins S - Judicial Member

CATCHWORDS: Privacy-health privacy principles-complaint against private sector persons-jurisdiction

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

LB v Hunter New England Area Health Service [2010] NSWADT 82 CASES CITED: LB v Hunter New England Area Health Service (No. 2) [2009] NSWADT 132 LB v Hunter New England Area Health Service [2009] NSWADT 101

APPLICANT In person REPRESENTATION: RESPONDENT M Raftos, solicitor

ORDERS: The Tribunal does not have jurisdiction to hear and determine this application.

REASONS FOR DECISION

1 On 25 September 2009, the applicant, LB, lodged an application with the Tribunal for an original decision. In that application LB sought an order directing the respondent, Doctor Lattimore to: 'Supply me with a copy of the 'Psychological Report on Me' She created on the 31/12/05. As stated in writing the names of other people contained in the report can be deleted.'

2 LB's application was made pursuant to section 48(1) of the Health Records and Information Privacy Act 2002 (the HRIP Act). That section provides as follows: 48 Application to Tribunal (1) A person who has made a complaint to the Privacy Commissioner under Division 1 may apply to the Tribunal for an inquiry into the complaint, but only if the complaint was the subject of a report of the Privacy Commissioner under section 47. Note: This section confers jurisdiction on the Tribunal to make an original decision. It does not confer jurisdiction to review a decision of the Privacy Commissioner . (2) An application may only be made within 28 days after: (a) the day on which the complainant received the report of the Privacy Commissioner, or (b) the day (if any) recommended in the report of the Privacy Commissioner as the day after which an application may be made to the Tribunal, whichever is later. (3) However, a person cannot apply to the Tribunal if the person has made a complaint about the same subject matter to the Commonwealth Privacy Commissioner, or to an adjudicator under an approved privacy code within the meaning of the Privacy Act 1988 of the Commonwealth, and: (a) the complaint has not been withdrawn, or (b) the Commonwealth Privacy Commissioner has made a determination under section 52 of that Act, or (c) the adjudicator has made a determination under a provision of the approved privacy code that corresponds to section 52 of that Act.