AIF v The University of Western Sydney [2013] NSWADT 20

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AIF v The University of Western Sydney [2013] NSWADT 20 Hearing dates: 17 September 2012 Decision date: 29 January 2013 Jurisdiction: General Division Before: P H Molony, Judicial Member Decision: The Tribunal determines to take no further action with respect to AIF's privacy complaint. Catchwords: Privacy and Personal Information - Health Records - disclosure Legislation Cited: Privacy and Personal Information Protection Act 1998 Health Records and Information Protection Act 2002 Cases Cited: Nasr v New South Wales (2007) NSWCA 101 NX v Office of the Director of Public Prosecutions [2005] NSWADT 74 Vice-Chancellor Macquarie University v FM [2005] NSWCA 192 Category: Principal judgment Parties: AIF (Applicant) The University of Western Sydney (Respondent) Representation: Applicant - in person Respondent - S Heesom Privacy Commissioner - J McAteer File Number(s): 123009

reasons for decision

Introduction 1On 13 January 2012 AIF lodged with the Tribunal an application to review the conduct of The University of Western Sydney (the University) under the Privacy and Personal Information Protection Act 1998 (the PPIP Act) and the Health Records and Information Protection Act 2002 (the HRIP Act). 2On 18 October 2011 AIF made a privacy complaint to the University in which he sought an internal review of conduct, he said had occurred on 8 April 2011, when he claimed that employees of the University disclosed his personal and health information. AIF was a student at the University. The University refused to conduct an internal review because the request was made more than six months after the date of the conduct. The University also refused to extend time to enable AIF to seek the internal review, 3Section 53 of the PPIP Act is concerned with internal reviews. Section 53(3)(d) provides - (3) An application for such a review must: (a) ... be lodged at an office of the public sector agency within 6 months (or such later date as the agency may allow) from the time the applicant first became aware of the conduct the subject of the application, and. (d).... 4When AIF's application was first listed for a before me for a planning meeting it was agreed that AIF first became aware of his review rights on 26 April 2011, and that as consequence the matter should be remitted to the University for reconsideration. That reconsideration was competed and an internal review decision issue on 2 April 2012. The internal review found no breaches of either the PPIP Act or the HRIP Act. 5Despite a number of attempts to do so the parties were unable to resolve their differences, and so that matter proceeded to hearing. The Privacy Commissioner exercised the statuary right under s 55(6) of the PPIP Act to appear and be heard in the proceedings.