LN v Sydney South West Area Health Service [2011] NSWADTAP 3

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: LN v Sydney South West Area Health Service [2011] NSWADTAP 3 Hearing dates: 26 August 2010 Decision date: 07 February 2011 Before: S Higgins , Deputy President R Wilson, Judicial Member M Bolt, Non Judicial Member Decision: 1. Appeal is dismissed. 2. Application for leave to extend to the merits not granted. Catchwords: PRIVACY - appeal - denial of natural justice - application decided on the papers - incorrect exercise of jurisdiction - application of incorrect health privacy principles - proper construction of the 'consent' exception to the use health privacy principle

REPRESENTATION - non lawyer agent - application for leave - objection Legislation Cited: Administrative Decisions Tribunal Act 1997 Administrative Decisions Tribunal Amendment Act 2008 Health Records and Information Privacy Act 2002 Information Privacy Act 2009 (Qld) Information Privacy Act 2000 (Vic) Privacy and Personal Information Protection Act 1998 Privacy Act 1988 (Cth) Cases Cited: Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 GR v Director-General, Department of Housing (GD) [2004] NSWADTAP 26 LN v Sydney South West Area Health Service (GD) [2010] NSWADTAP 16 LN v Sydney South West Area Health Service [2010] NSWADTAP 36 LN v Sydney South West Area Health Service [2009] NSWADT 325 LN v Sydney South West Area Health Service [2009] NSWADT 278 MG v Director General, Department of Education and Training [2004] NSWADTAP 45 Minister for Immigration and Multicultural Affairs v Jia (2001) 2005 CLR 507 VZ v University of Newcastle [2009] NSWADT 18 Category: Principal judgment Parties: LN (Appellant) Sydney South West Area Health Service (Respondent) Representation: A Britt (Respondent) LN (Appellant - in person) TA (Appellant - being granted leave to speak to the notice of appeal and submissions filed by the appellant File Number(s): 109017 Publication restriction: S75 of the Administrative Decisions Tribunal Act applies Decision under appeal Jurisdiction: 9108 Citation: LN v Sydney South West Area Health Service (No 2) [2010] NSWADT 38 Date of Decision: 2010-02-08 00:00:00 Before: S Montgomery, Judicial Member File Number(s): 093170