QB v Greater Southern Area Health Service [2011] NSWADT 90

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: QB v Greater Southern Area Health Service [2011] NSWADT 90 Hearing dates: On the papers Decision date: 04 May 2011 Before: P H Molony, Judicial Member Decision: On file number 093307 - 1. Application dismissed. On file number 093229 - 1. Order that the agency to refrain from any conduct or action in contravention of, and to perform, HPPs 3, 4, 9 and 11. 2. Order that the agency apologise in writing to QB for each of the breaches found within 30 days of the publication of these reasons. 3. Order that the agency within 60 days of the publication of these reasons the agency shall: a. write to Dr Y and Dr Z seeking to recover QB's health information disclosed to them in breach of HPP 11; and, b. if that health information is recovered, ensure that it is safely secured; and, c. whether or not the health information is recovered, advise QB in writing of the outcome of the request for recovery, and, if the health information is recovered, provide QB with details of what has been recovered and how it is secured. 4. The agency shall file and serve any submissions it wishes to make with respect to the form and content of the additional draft orders set out in paragraph 162 of these reasons within 30 days of publication. 5. OB shall file and serve any submissions in reply within a further 21 days. 6. The Tribunal shall then determine on the papers whether to make order in accordance with the draft, or in any other and what form. 7. Any application by QB for costs should be filed and served within 30 days, specifying the costs sought, and providing proof of expenses claimed. 8. Any submissions in reply from the agency should be filed and served within a further 21 days. 9. The Tribunal shall then determine the issue of costs on the papers. Catchwords: Health Records and Information Privacy Act 2002 - health privacy principles - collection - unlawful - notification - use - accuracy - disclosure Legislation Cited: Privacy and Personal Information Protection Act 1998 Health Records and Information Privacy Act 2002 Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989 Health Records and Information Privacy Code 2005 Mental Health Act 2007 Cases Cited: EN v UTS (No 2) [2009] NSWADT 193 KP v Narrandera Shire Council [2011] NSWADTAP 15 OA v NSW Department of Housing (No 2) [2006] NSWADT 94 ZR v Department of Education & Training [2010] NSWADTAP 75 Texts Cited: Mental Health Review Tribunal Hearing Kit Category: Principal judgment Parties: QB (Applicant) Greater Southern Area Health Service (Respondent) Representation: Applicant - in person Respondent - GILD Insurance Litigation Pty Ltd File Number(s): 093229 and 093307 Publication restriction: See paragraph 1