Psyhopoulos v Northern Sydney Central Coast Area Health Service [2011] NSWADT 151

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Psyhopoulos v Northern Sydney Central Coast Area Health Service [2011] NSWADT 151 Hearing dates: 30 November 2010 Decision date: 22 June 2011 Jurisdiction: General Division Before: S Higgins, Deputy President Decision: The decision of the respondent is set aside and in substitution thereof a decision that the applicant be granted access to a copy of the clinical notes of her son with the uncontested exempt matter deleted. Catchwords: Access to documents - refusal of access-exempt document - document containing matter the disclosure of which could reasonably be expected to endanger the life or physical safety of any person - clinical notes -typed version of clinical notes provided with names of staff members deleted Legislation Cited: Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989 (NSW) Freedom of Information Act 1982 (Cth) Cases Cited: Centrelink v Dykstra [2002] FCA 1442 Dezfouli v Justice Health [2008] NSWADT 175 Dunstan v Department of Corrective Services [2004] NSWADT 177 IPART v Services Sydney Pty Ltd (GD) [2008] NSWADTAP 79 Lambell v Department of Justice and Attorney General [2011] NSWADT 23 McKinnon v Secretary, Department of Treasury [2006] HCA 45; (2006) 229 ALR 187 Re Attorney-General's Department and Australian Iron and Steel PTY Limited v Peter Crockcroft [1986] FCA 35; (1986) 64 ALR 163 Category: Principal judgment Parties: Amelia Psyhopoulos (Applicant) Northern Sydney Central Coast Area Health Service (Respondent) Representation: Counsel: E Raper (Respondent) Slattery Thompson (Applicant) Gild Insurance Litigation Pty Ltd (Respondent) File Number(s): 103121