AQO v Gregory Pearce MLC [2014] NSWCATAD 210

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: AQO v Gregory Pearce MLC [2014] NSWCATAD 210 Hearing dates: On the papers Decision date: 03 December 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1. The Tribunal therefore has jurisdiction to hear and determine this matter. 2. The matter is remitted for determination by the Respondent. 3. The determination is to be completed within 28 days of the date of this decision. 4. The matter is listed for a further planning meeting on 13 January 2015 at 2 pm. Catchwords: Health Records and Information Privacy - jurisdiction - whether the Minister is a public sector agency Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Privacy and Personal Information Protection Act 1998 Health Records and Information Privacy Act 2002 Cases Cited: Arogen v Leighton [2013] NSWSC 1099 Fountain v Alexander (1982) 150 CLR 615 at 629; 40 ALR 441 GA & Ors v Department of Education & Training and NSW Police [2004] (GD) NSWADTAP 18 JD v Medical Board (NSW) [2008] NSWADT 67 MG v Department of Education and Training [2004] NSWADT 137 Pape v Federal Commissioner of Taxation (2009) 238 CLR 1 Travelex Ltd v Commissioner of Taxation (2010) 241 CLR 510 Williams v Commonwealth (2012) HCA 23 Category: Principal judgment Parties: AQO (Applicant) Gregory Pearce MLC (Respondent) Representation: J Rogers Harris & Harris Solicitors (Applicant) Crown Solicitors Office (Respondent) File Number(s): 133148, 133147