AFC v The Sydney Children's Hospital Specialty Network (Randwick and Westmead) [2012] NSWADT 189

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AFC v The Sydney Children's Hospital Specialty Network (Randwick and Westmead) [2012] NSWADT 189 Hearing dates: On the papers Decision date: 18 September 2012 Jurisdiction: General Division Before: P H Molony, Judicial Member Decision: I am satisfied that the agency breached the collection principles in s 10 when the Patients Friend collected personal information from AFC. I am not satisfied that any of the other breaches alleged by AFC have been made out. The Applicant should file and serve submissions and materials by in relation to the remedies he seeks by 1 October 2012. The Agency should file and serve submissions and materials in reply by 29 October 2012. Any submissions form the Privacy Commissioner to be filed and served by 13 November 2012. Catchwords: Privacy and Personal Information Protection - meaning of personal information and health information - scope of review - Legislation Cited: Anti-Discrimination Act 1997 Privacy and Personal Information Protection Act 1998 Health Records and Information privacy Act 2002 Cases Cited: Department of Education and Training v GA (No.3) [2004] NSWADTAP 50 Department of Education & Communities v VK [2011] NSWADT 61 Department of Education and Training v ZR (No 2) (GD) [2009] NSWADTAP 44 JD v Department of Health [2005] NSWADT 44 JD v Medical Board (NSW) [2008] NSWADT 67 KO &'KP v Commissioner of Police, New South Wales Police [2005] NSWADT 18 Macquarie University v FM [2005] NSWCA 192 PN v Department of Education and Training (GD) [2010] NSWADTAP 59 ZR v Department of Education and Training [2009] NSWADT 63 Texts Cited: Robinsons, NSW Administrative Law Service (Thompson Reuters) Category: Principal judgment Parties: AFC (Applicant) The Sydney Children's Hospital Specialty Network (Randwick and Westmead) (Respondent) Representation: Applicant in person GILD Insurance Litigation Pty Ltd (Respondent) File Number(s): 113234