AQB v Health Care Complaints Commission [2013] NSWADT 209

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AQB v Health Care Complaints Commission [2013] NSWADT 209 Hearing dates: On the papers Decision date: 24 September 2013 Jurisdiction: General Division Before: Naida Isenberg, Judicial Member Decision: The application is dismissed Catchwords: Complaint to Health Care Complaints Commission - disclosure of complaint to subject of complaint Legislation Cited: Health Records and Information Privacy Act 2002 Privacy and Personal Information Protection Act 1998 Administrative Decisions Tribunal Act 1997 Category: Principal judgment Parties: AQB (Applicant) Health Care Complaints Commissioner (Respondent) Representation: AQB (Applicant in person) Crown Solicitors Office (Respondent) File Number(s): 133111

reasons for decision

Background 1In 2012 'AQB', the Applicant, was a patient at St Vincent's Hospital ('St Vincent's'). Subsequently the Applicant complained to the Respondent, the Health Care Complaints Commission ('HCCC') about her treatment at St Vincent's. In the HCCC complaint form the Applicant signed a consent authorising the Respondent to access her personal health records for the purpose of handling the complaint. On 11 October 2012 the Respondent provided a copy of the complaint to the Chief Executive of St Vincent's. 2The Applicant became aware that the Respondent had provided a copy of her complaint to St Vincent's. On 19 February 2013 the applicant applied to the Information and Privacy Commission for review of the Respondent's conduct in releasing her health information to St Vincent's. The application was forwarded to the Respondent. 3The Respondent conducted a review of its conduct and found that it had not breached the use and disclosure principles in relation to the applicant's personal information or health information because: the applicant consented in writing to the Respondent providing her complaint to St Vincent's; the disclosure of information to St Vincent's was directly related to the purpose for which it was collected; the use and disclosure were reasonably necessary for the exercise of the Respondent's complaint-handling functions; and the Respondent was not required to comply with cls 10 and 11 of Sch. 1 of Health Records and Information Privacy Act 2002 ('HRIP Act') in relation to its complaint-handling functions. 4On 15 April 2013 the applicant lodged an application for review of the Respondent's conduct under s.21 of the HRIP Act and s.55 of the Privacy and Personal Information Protection Act 1998 ('PPIP Act'), alleging that the Respondent had breached several principles of those Acts.