LB v Hunter New England Area Health Service [2010] NSWADT 82

CITATION: LB v Hunter New England Area Health Service [2010] NSWADT 82

DIVISION: General Division

APPLICANT LB PARTIES: RESPONDENT Hunter New England Area Health Service

FILE NUMBER: 093058

HEARING DATES: 11 September 2009

SUBMISSIONS CLOSED: 16 November 2009

DATE OF DECISION: 31 March 2010

BEFORE: Higgins S - Judicial Member

CATCHWORDS: Privacy–health information–public sector agency-health privacy principle-collection and accuracy of health information-unsolicited health information

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Freedom of Information Act 1989 Health Records and Information Privacy Act 2002 Privacy and Personal Information Protection Act 1998

AW v Vice Chancellor, University of Newcastle [2008] NSWADT 86 LB v Hunter New England Area Health Service (No 2)[2009] NSWADT 132 CASES CITED: OA v New South Wales Department of Housing [2005] NSWADT 233 Vice-Chancellor, Macquarie University v FM (GD) [2003] NSWADTAP 43 ZR v NSW Dept of Education and Training [2008] NSWADT 199

APPLICANT In person REPRESENTATION: RESPONDENT A Johnson, solicitor

ORDERS: Pursuant to subsection 55(2) of the Privacy and Personal Information Protection Act 1998 and for the reasons set out in these reasons for decision, the Tribunal has determined not to take any action in this matter.

REASONS FOR DECISION

Background

1 On 21 October 2008, LB made a written request to the respondent, the Hunter New England Health Service ('the HNEHS'), for access to his health information under the Health Records and Information Privacy Act 2002 ('HRIPA'). LB's application was in the following terms: 'This fax is my application under the above Act for the release of the following documents held by Hunter New England NSW Health.