QB v Greater Southern Area Health Service No 2 [2011] NSWADT 162

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: QB v Greater Southern Area Health Service No 2 [2011] NSWADT 162 Hearing dates: On the papers Decision date: 04 July 2011 Jurisdiction: General Division Before: P H Molony, Judicial Member Decision: 1. Within 90 days the agency shall review and reissue its Health Intake and Triage Policy so that the policy provides specific directions, compliant with the HPPs regarding a. the circumstances in which health information about a person can be collected from third parties and in particular the agency's obligations under HPP 2 and HPP3; b. the obligations of the agency to advise a person of and about the information collected by them as required under HPP 4; c. the obligations of the agency to take reasonable steps to ensure that the personal health information they have collected is relevant, up to date and not misleading. d. the circumstances in which an agency can use the information so collected as stipulated in HPP 9 and 10; and e. the circumstances in which health information about a person may be disclosed to third parties as outlined under HPP 11. 2. Within 6 months of completion of order 1, the agency shall provide a course of training to mental health workers in its employ with respect to the requirements and operation of the HPP's in the context of their duties, and of the protections the HPP's establish for health information of the agency's clients. 3, No order as to costs. Catchwords: Health Records and Privacy Information Privacy Act - remedy Legislation Cited: Privacy and Personal Information Protection Act 1998 Health Records and Information Privacy Act 2002 Mental Health Act 2007 Cases Cited: QB v Greater Southern Area Health Service [2011] NSWADT 90 Category: Principal judgment Parties: QB (Applicant) Greater Southern Area Health Service (Respondent) Representation: QB (Applicant in person) GILD Insurance Litigation Pty Ltd (Respondent) File Number(s): 093229 Publication restriction: Names suppressed to protect Applicant's privacy