KT v Sydney Local Health Network [2011] NSWADT 292

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: KT v Sydney Local Health Network [2011] NSWADT 292 Hearing dates: 9 and 10 February 2011 and 8 and 9 June 2011 Decision date: 09 December 2011 Jurisdiction: General Division Before: P Molony, Judicial Member Decision: 1. Conditional upon KT confirming in writing to the agency within 28 days that he wishes to withdraw his consent to the Agency using his health information for the primary purpose for which it was collected, and that he understands that the effect of this will be that those treating him in the future will be unable to access his medical records, order the Agency to note that withdrawal of consent on both his hard copy and electronic medical records. 2. Otherwise the Tribunal determines to take no action with respect to this matter. 3. The Applicant shall file and serve any further submissions on costs by 30 January 2012, and the Agency by 28 February 2012. Catchwords: Privacy and Personal Information Protection Act - collection - disclosure - use - access to - withdrawal of consent Legislation Cited: Health Records and Information Privacy Act 2002 Privacy and Personal Information Protection Act 1998 Industrial Relations Act 1997. Cases Cited: JD v Department of Health (GD) [2005] NSWADTAP 44 Department of Education and Training v GA (No.3) [2004] NSWADTAP 50, KO & KP v Commissioner of Police, New South Wales Police [2005] NSWADT 18 Department of Education and Training v ZR (No 2) (GD) [2009] NSWADTAP 44 Department of Education and Training v PN) [2006] NSWADTAP 66 EY v Department of Corrective Services (GD) [2009] NSWADTAP 25 KT v Sydney Local Health Network [2011] NSWADT 171 KT v Sydney South West Area Health Services [2010] NSWADT 94 JD v New South Wales Medical Board [2008] NSWADT 67 PT v Medical Board (NSW) [2010] NSWADT 107 PN v Department of Education and Training (GD) [2010] NSWADTAP 59 LN v Sydney South West Area Health Service (No 2) [2010] NSWADT 38 Texts Cited: Privacy Manual - NSW Health Category: Principal judgment Parties: KT (Applicant) Sydney Local Health Network (Respondent) Representation: Counsel A Britt (Respondent) KT (Applicant in person) Sydney Local Health Network (Respondent) Privacy Commissioner File Number(s): 103094