AOZ v Rail Corporation NSW [2014] NSWCATAP 76

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: AOZ v Rail Corporation NSW [2014] NSWCATAP 76 Hearing dates: 2 May 2014, 24 June 2014 Decision date: 05 November 2014 Jurisdiction: Appeal Panel Before: Acting Judge K P O'Connor, AM, Deputy President S Montgomery, Senior Member M Bolt, General Member Decision: 1.The appeal is extended to the merits in relation to the issue of whether the respondent complied with Health Privacy Principle 4 in respect of the collection of the appellant's medical and related records from treating practitioners. 2.The Appeal Panel finds that the respondent failed to comply with HPP 4(2). 3.The appeal is to be listed for directions in relation to the hearing and determination of any order in light of this finding. 4.The appeal is otherwise dismissed. Catchwords: PRIVACY OF HEALTH INFORMATION - Collection, use and disclosure of employee's health information in connection with a workers compensation claim - whether compliance with Health Privacy Principles - application for review of conduct dismissed - appeal - whether errors of law - findings as to compliance with HPPs 1, 2, 10 and 11 ones of fact - whether compliance with HPP 4, governing notices as to collection practices and related matters - Tribunal erred in law - appeal extended to merits - finding of non-compliance by organisation. Health Records and Information Privacy Act 2002. Legislation Cited: Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Health Records and Information Privacy Act 2002 Cases Cited: - Texts Cited: European Union, Directive on the Protection of Individuals with regard to the Processing of Personal Data and on the Free Movement of such Data, 1995