AF v Minister for Health; Minister for Health v AF [2012] NSWADTAP 16

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AF v Minister for Health; Minister for Health v AF [2012] NSWADTAP 16 Hearing dates: 5 December 2011; 27 January 2012 (Costs) Decision date: 14 May 2012 Before: Judge K P O'Connor, President S Higgins, Deputy President J McClelland, Non-judicial Member Decision: Appeal No 119025 (AF's appeal) 1. Dismissed. 2. Appellant's application for costs dismissed. Appeal No 119029 (Minister's appeal) 1. Appeal allowed. 2. Application for review dismissed for want of jurisdiction in respect of the referral and dossier issues. 3. Application for review dismissed in relation to the complaint communications issues. 4. Respondent to pay the Appellant's costs, fixed at $5,000. 5. Respondent's application for costs dismissed. Catchwords: PRIVACY - Jurisdiction - Meaning of "Personal Information" - Exception in relation to Information or Opinion about Suitability for Employment - Scope - Interpretation - Held applicable - HEALTH PRIVACY PRINCIPLES - Purpose of Collection - Relevance - Direct Collection - Limitation on Use - Considered - DISCLOSURE - Complaint Communications - Minister's appeal upheld - Review applicant's appeal dismissed - Health Records and Information Privacy Act 2002, s 5(1); s 5(3)(m) - Health Privacy Principles 1, 2, 3, 4, 10 - Privacy and Personal Information Protection Act 1998, s 18 Legislation Cited: Administrative Decisions Tribunal Act 1997 Health Records and Information Privacy Act 2002 Health Services Act 1997 Privacy and Personal Information Protection Act 1998 Public Sector Employment and Management Act 2002 Cases Cited: Cachia v Hanes (1994) 179 CLR 403 Department of Education and Training v PN [2006] NSWADTAP 66 EG v Commissioner of Police, NSW Police Service [2003] NSWADT 150 EY v Department of Corrective Services [2009] NSWADTAP 25 GL v Department of Education and Training [2003] NSWADT 166 OD v Department of Education and Training [2005] NSWADTAP 74 O'Sullivan v Medical Council of NSW [2010] NSWADTAP 64 TA v Department of Education and Training [2006] NSWADTAP 246 Y v Director General, Department of Education & Training [2001] NSWADT 149 ZR v Department of Education and Training [2010] NSWADTAP 75 Category: Principal judgment Parties: 119025 AF (Appellant) Minister for Health (Respondent) 119029 Minister for Health (Appellant) AF (Respondent) Representation: 119025 In person (Appellant) Dr J Lucy, Crown Solicitor's Office (Respondent) 119029 Dr J Lucy, Crown Solicitor's Office (Appellant) In person (Respondent) File Number(s): 119025, 119029 Decision under appeal Jurisdiction: 9108 Citation: AF v Healthquest & Anor [2011] NSWADT 99 Date of Decision: 2011-05-10 00:00:00 Before: General Division File Number(s): 073365