BYD v Illawarra Shoalhaven Local health District [2014] NSWCATAD 198

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BYD v Illawarra Shoalhaven Local health District [2014] NSWCATAD 198 Hearing dates: On the Papers Decision date: 18 November 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The Tribunal determines not to take any action on the matter. Catchwords: Review of conduct - sufficient evidence to make findings - disclosure of health information - outside of agency - use of personal information Legislation Cited: Privacy and Personal Information Protection Act 1998 Health Records and information Privacy Act 2002 Cases Cited: NZ v Director General, NSW Department of Housing [2005] NSWADT 58 Director General, Department of Education and Training v MT (GD) [2005] NSWADTAP 77 NS v Commissioner, Department of Corrective Services[2004] NSWADT 263 Category: Principal judgment Parties: BYD (Applicant) Illawarra Shoalhaven Local Health District (Respondent) Representation: BYD (Applicant in person) Crown Solicitors Office (Respondent) File Number(s): 133304 Publication restriction: Section 64 (1) (a) of the Civil and Administrative Tribunal Act: An order prohibiting or restricting the disclosure of the name of any person (whether or not a party to proceedings in the Tribunal or a witness summoned by, or appearing before, the Tribunal).

reasons for decision 1This is an application for a review of the conduct of the Respondent Public Sector Agency, which was subject to an Internal Review application under Part 5 of the Privacy and Personal Information Protection Act 1998 (the PPIP Act). 2As the conduct involved an alleged breach of the privacy provisions in respect of health information under the Health Records and Information Privacy Act 2002 (the HRIP Act), the review of the conduct under section 21 of the HRIP Act is dealt with under the provisions of the PPIP Act as outlined above. 3Both the PPIP Act and HRIP Act have provisions for a person who is aggrieved by the public sector agency's management of their personal or health information, to request that the matter be reviewed by the Agency.