Black v Hunter New England Local Health District & Dr Lattimore (No 2) [2012] NSWADT 235

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Black v Hunter New England Local Health District & Dr Lattimore (No 2) [2012] NSWADT 235 Decision date: 12 November 2012 Jurisdiction: General Division Before: S Higgins, Deputy President Decision: 1.The decision of the agency in regard to the deleted information in the Triage report, of 23 December 2005, is varied in accordance with paragraph 119 of these reasons for decision. 2.The decision of the agency in regard to the information in Dr Lattimore's report, dated 30 December 2005, is set aside and in substitution thereof a decision that the applicant be: (a)granted access, in part, in accordance with paragraph 120 and 121 of these reasons for decision, with a copy of the personal information and health information about himself; and (b)refused access to the remaining information in the report. Catchwords: Government Information (Public Access) -prejudice the supply of confidential information that facilitates the effective exercise of the agency's function - reveal an individual's personal information - contravene an information protection principle or a health privacy principle- expose a person to a risk of harm or of serious harassment or serious intimidation. Legislation Cited: Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1982 (Cth) Freedom of Information Act 1989 (Repealed) Government Information (Public Access) Act 2009 Health Records and Information Privacy Act 2002 Health Services Act 1997 Mental Health Act 2007 Privacy and Personal Information Protection Act 1998 Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR180 Black v Hunter New England Area Health Service [2008] NSWADT 301 Black v Hunter New England Local Health District [2011] NSWADT 295 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 McKinnon v Secretary, Department of Treasury [2006] HCA 45 QB v Greater Southern Area Health Service [2011] NSWADT 90 Category: Principal judgment Parties: Phillip Black (Applicant) Hunter New England Local Health District (First Respondent) Glenda Lattimore (Second Respondent) Representation: Counsel B Tronson (Applicant) M Izzo (Second Respondent) Public Interest Advocacy Centre Ltd (Applicant) Crown Solicitors Office (First Respondent) McCabe Terrill Lawyers (Second Respondent) File Number(s): 113151 Publication restriction: N/A