KT v Sydney Local Health Service (formerly Sydney South West Area Health Service)(No 2) [2012] NSWADT 252

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: KT v Sydney Local Health Service (formerly Sydney South West Area Health Service)(No 2) [2012] NSWADT 252 Hearing dates: On the papers Decision date: 03 December 2012 Jurisdiction: General Division Before: S Higgins, Deputy President Decision: The applicant's application for costs for the planning meeting on 20 October 2009 is refused. Catchwords: Costs Legislation Cited: Administrative Decisions Tribunal Act 1997 Health Records and Information Privacy Act 2002 Privacy and Personal Information Protection Act 1998 Cases Cited: AT v NSW Police [2010] NSWCA 131 KT v Sydney Local Health District (formerly Sydney South West Area Health Service) (No. 2) (Costs) [2011] NSWADTAP 42 KT v Sydney Local Health Network (formerly Sydney South West Area Health Service) (GD) [2011] NSWADTAP 10. KT v South West Sydney Area Health Service [2010] 227 Category: Costs Parties: KT (Applicant) Sydney Local Health Service (Respondent) Representation: KT (Applicant in person) No appearance (Respondent) File Number(s): 093255

REASONS FOR DECISION 1On 25 September 2009, KT made an application to the Tribunal seeking review of conduct of the Sydney Local Health Service (Sydney South West Area Health Service), which he asserted was a breach of an information protection principle (IPP) under the Privacy and Personal Information Protection Act 1998 and/or a health privacy principle (HPP) under the Health Records and Information Privacy Act 2002, in regard to his personal or health information. 2On 14 September 2010, Judicial Member Molony determined KT's application by making an order not to take any further action with respect to the matter the subject of KT's application: see KT v South West Sydney Area Health Service [2010] 227. KT appealed this decision to the Appeal Panel. 3On 18 March 2011, the Appeal Panel dismissed KT's appeal and made orders in regard to any cost application the parties sought to make: see KT v Sydney Local Health Network (formerly Sydney South West Area Health Service) (GD) [2011] NSWADTAP 10. 4On 28 September 2011, the Appeal Panel (constituted by the President alone), determined the parties costs application in relation to the appeal: see KT v Sydney Local Health District (formerly Sydney South West Area Health Service) (No. 2) (Costs) [2011] NSWADTAP 42. In that decision, His Honour made an order that KT's 'application for costs in respect of the planning meeting held 20 October 2009 before the General Division is remitted to the Tribunal below, to be constituted for this purpose by Deputy President Higgins.' 5On 23 March 2012, at my direction, the Registrar wrote to the parties informing them of the directions I had made, in chambers, for the filing and serving evidence and written submission in regard to KT's application for costs for 20 October 2010 and that I made an order that KT's application for costs was to be determined on the papers pursuant to section 76 of the Administrative Decisions Tribunal Act 1997 (the ADT Act). In accordance with my directions, KT filed and served his submissions on costs. The respondent did not file any submissions in reply. 6For the reasons set out below I have determined to refuse the applicant's application for costs.