ALL v Sydney Local Health District [2014] NSWCATAD 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ALL v Sydney Local Health District [2014] NSWCATAD 4 Hearing dates: 8 May 2013 Decision date: 28 January 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal member Decision: The Tribunal decides to take no further action on this matter. Catchwords: Health information - review of conduct of a public sector agency that is alleged to be breach of the health privacy principles in regard to retention and accuracy and use of health information - claim for damages by way of compensation for loss or damage suffered because of the conduct Legislation Cited: Civil and Administrative Tribunal Act 2013 Freedom of Information Act 1989 (repealed) Health Records and Information Privacy Act 2002 Mental Health Act 1990 Privacy and Personal Information Protection Act 1998 State Records Act 1998 Cases Cited: Central Sydney Area Health Service v Crewdson (GD) [2001] NSWADTAP 44 JD v Department of Health (GD) [2005] NSWADTAP 44 LB v Hunter and New England Area Heath Service [2010] NSWADT 82 QB v Greater Southern Area Health Service [2011] NSWADT 90 Re Applicant and Department Education and Training, Children's Youth and Family Services (1998) 53 ALD 509 Vice-Chancellor, Macquarie University v FM [2005] NSWCA 192 ZR v Department of Education & Training [2010] NSWADTAP 75 Category: Principal judgment Parties: ALL (Applicant) Sydney Local Health District (Respondent) Representation: Kim Smith and Associates (Applicant) Crown Solicitors Office (Respondent) Information Commissioner File Number(s): 123243