AIL v Department of Premier and Cabinet (GD) [2013] NSWADTAP 26

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AIL v Department of Premier and Cabinet (GD) [2013] NSWADTAP 26 Hearing dates: 12 April 2013 Decision date: 07 June 2013 Before: Judge K P O'Connor, President S Montgomery, Judicial Member M von Kolpakow, Non-judicial Member Decision: 1. That the Tribunal's order 'decision under review affirmed' be replaced by the following order 'The Tribunal decides not to take any action on the matter'. 2. Appeal dismissed. Catchwords: PRIVACY - Health Information - Whether disclosure by organisation lawful - Response to letter of investigation from Anti-Discrimination Board - Included reference to information regarded by the complainant as outside the scope of the complaint - Whether permitted, necessarily implied or reasonably contemplated under an Act or any other law - Tribunal held reasonably contemplated - Appeal - Appeal dismissed. Health Records and Information Privacy Act 2002, Health Privacy Principle 11(2)(b); 10(2)(a) Legislation Cited: Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 Anti-Discrimination Amendment (Miscellaneous Provisions) Act 2004 Health Records and Information Privacy Act 2002 Human Rights and Equal Opportunity Commission Act 1986 Privacy and Personal Information Protection Act 1998 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: AFC v The Sydney Children's Hospital Specialty Network (Randwick and Westmead) [2012] NSWADT 189 AIL v Department of Premier and Cabinet [2012] NSWADT 191 Department of Education and Communities v VK [2011] NSWADTAP 61 Director General, Department of Education and Training v MT [2006] NSWCA 270; (2006) NSWLR 237 Director-General, Department of Education and Training v MT (GD) [2005] NSWADTAP 77 PN v Department of Education and Training [2010] NSWADTAP 59 Woodside & Anor v Director General, Department of Community Services [2000] NSWADTAP 8 Category: Principal judgment Parties: AIL (Appellant) Department of Premier and Cabinet (Respondent) Representation: In person (Appellant) S Morris, Crown Solicitor's Office (Respondent) File Number(s): 129034 Decision under appeal Citation: AIL v Department of Premier and Cabinet [2012] NSWADT 191 Date of Decision: 2012-09-19 00:00:00 Before: General Division File Number(s): 123031