AET v Western NSW Local Health District AET v Rural and Remote Medical Services t/as Gulgong Medical Centre [2012] NSWADT 77

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AET v Western NSW Local Health District AET v Rural and Remote Medical Services t/as Gulgong Medical Centre [2012] NSWADT 77 Hearing dates: 13 February 2012 Decision date: 27 April 2012 Jurisdiction: General Division Before: N Isenberg, Judicial member Decision: The application is dismissed. Legislation Cited: Health Records and Information Privacy Act 2002 Health Services Act 1997 Cases Cited: Vice-Chancellor, Macquarie University v FM [2005] NSWCA 192 WH v Internal Audit Bureau of NSW [2011] NSWADT 237 GE & Anor v Macquarie University [2008] NSWADT 144 ZR v Department of Education and Training [2010] NSWADTAP 74 CS v Anna Biedrzycka[2011] NSWSC 1213 Category: Principal judgment Parties: AET (Applicant) Western NSW Local Health District (First Respondent) Rural and Remote Medical Services t/as Gulgong Medical Centre (Second Respondent) Representation: Counsel C Jackson (Second Respondent) AET (Applicant in person) Crown Solicitors (First Respondent) Moray & Agnew (Second Respondent) Privacy Commissioner File Number(s): 113322, 113219

reasons for decision

Background to the application 1Because the background relates to the applicant's dealings with both respondents it was convenient to have both matters heard together. 2Gulgong Health Service Emergency Department (the Gulgong ED) is part of the Western NSW Local Health District, the respondent in the first matter (the first respondent). Rural and Remote Medical Services, the respondent in the second matter (the second respondent) is a not for profit charity which provides practice management support in rural areas. It operates the Gulgong Medical Centre (the Medical Centre). 3On 19 April 2011 the applicant contacted the Gulgong ED seeking medical assistance. She was referred to the Medical Centre where she was offered an appointment which she declined as she intended to see a doctor in Mudgee the following day. On a subsequent visit to the Gulgong ED on 26 April 2011 a nurse commented that a member of the Medical Centre staff had advised that the applicant had not kept an appointment there the previous week. 4On the same occasion the applicant saw Dr Alseneid, one of two on-call doctors at Gulgong ED. He referred her for a CT scan, which was undertaken at Mudgee Radiology. The results were subsequently sent to Dr Alseneid at the Medical Centre, where he practised privately, rather than to him at the Gulgong ED. A file was created for the applicant at the Medical Centre into which the report was placed. The report was reviewed by another doctor at the Medical Centre, Dr Nicholson as Dr Alseneid was absent. 5When the applicant became aware that a file had been created for her at the Medical Centre she requested the first respondent to review the conduct surrounding the provision of the CT scan to the Medical Centre. She alleges that a representative of the first respondent then contacted the Medical Centre, and was permitted to access the applicant's file.