KT v Sydney Local Health District [2012] NSWADTAP 23

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: KT v Sydney Local Health District [2012] NSWADTAP 23 Hearing dates: 23 March 2012 Decision date: 03 July 2012 Jurisdiction: Appeal Panel - Internal Before: Judge K P O'Connor, President K Fitzgerald, Judicial Member J Schwager, Non-judicial Member Decision: 1. Appeal dismissed. 2. The appellant to pay the respondent's costs of the appeal in the amount of its reasonable costs or the sum of $3000 whichever is the lesser. Catchwords: PRIVACY - Disclosure of former worker's personal information by employer agency in connection with defence of freedom of information application made to the workers compensation scheme agent - Tribunal held no contravention - appeal dismissed - Privacy and Personal Information Protection Act 1998, s 18, s 25. COSTS - Agency's application for costs of appeal - granted. Legislation Cited: Administrative Decisions Tribunal Act 1997 Health Records and Information Privacy Act 2002 Legal Profession Act 2004 Privacy and Personal Information Protection Act 1998 Cases Cited: AF v Minister for Health; Minister for Health v AF [2012] NSWADTAP 16 British American Tobacco Australia Services Ltd v Laurie [2011] HCA 2 Chand v RailCorp [2009] NSWADTAP 64 Hawke v Chief Executive Officer, WorkCover NSW (No. 2) [2008] NSWADTAP 45 House v The King (1936) CLR 499 KT v Sydney Local Health Network [2011] NSWADT 171 KT v Sydney Local Health Network [2011] NSWADT 233 Michael Wilson & Partners Ltd v Nicholls [2011] HCA 48 PN v Department of Education and Training (GD) [2010] NSWADTAP 59 Tennent v Moukhlina (No 2) [2009] NSWADTAP 74 Category: Principal judgment Parties: KT (Appellant) Sydney Local Health District (Respondent) Representation: Counsel A Britt (Respondent) In person (Appellant) A Bridges-Webb, GILD Insurance Litigation Pty Ltd (Respondent) File Number(s): 119052 Decision under appeal Citation: KT v Sydney Local Health Network [2011] NSWADT 171; KT v Sydney Local Health Network [2011] NSWADT 233 Before: General Division File Number(s): 103229