TB v South Eastern Sydney Illawarra Area Health Service [2011] NSWADT 165

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: TB v South Eastern Sydney Illawarra Area Health Service [2011] NSWADT 165 Hearing dates: 15 February 2010 Decision date: 07 July 2011 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: Within 30 days of these orders the Respondent is to: 1. remove TB's ASET Form from TB's medical records and destroy that document; and 2. correct the entry in TB's Clinical Form by deleting the name and contact details of TB's son; 3. below the entry that is in dispute in TB's Clinical Form make an entry (with the appropriate alterations as referred to in paragraph 79) which states as follows: a. The above entry at 1100 hours on [date] should be read as '[the Hospital's medical staff member] spoke with [TB's] son and '[the Hospital's medical staff member] explained the situation and reason for admission'. The patient, [TB], has requested that TB's son not be contacted. Catchwords: Privacy - health information - accuracy of health information - amendment of health information Legislation Cited: Administrative Decisions Tribunal Act 1997 Health Records and Information Privacy Act 2002 Medical Practice Regulation 2008 Privacy and Personal Information Act 1998 State Records Act 1998 Category: Principal judgment Parties: TB (Applicant) South Eastern Sydney Illawarra Area Health Service (Respondent) NSW Privacy Commissioner (Intervenor) Representation: Counsel E Raper (Respondent) M Geary (Applicant) J McAteer (Privacy Commissioner) File Number(s): 103027 Publication restriction: Section 75(2)(b) of the Administrative Decisions Tribunal Act 1997 applies in relation to the identity of the applicant.