Rosser v Health Care Complaints Commission [2014] NSWCATAD 214

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rosser v Health Care Complaints Commission [2014] NSWCATAD 214 Hearing dates: On the papers Decision date: 08 December 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: N Isenberg, Senior Member Decision: The decision under review is affirmed Catchwords: Health Care Complaints Commission - Legislation Cited: Government Information (Public Access) Act 2009 Cases Cited: Pertsinidis v lllawarra Shoalhaven Local Health District [2014] NSWCATAD 130 Miller v Director of Public Prosecutions [2012] NSWADT 38 Category: Principal judgment Parties: Terry Rosser (Applicant) Health Care Complaints Commission (Respondent) Representation: T Rosser (Applicant in person) Health Care Complaints Commission (Respondent) File Number(s): 1410459

reasons for decision

BACKGROUND 1In February 2012 Terry Rosser, the applicant, complained to the NSW Medical Council of NSW ('the Council') regarding the care and treatment provided to her by a named psychiatrist ('the complaint'). The Council notified the Respondent of the complaint: s.144G of the Health Practitioner Regulation National Law (NSW) ('the National Law'). 2The applicant's complaint to the Council was deemed to be a complaint made to the Respondent under s.11 of the Health Care Complaints Act 1993 ('HCC Act'). Under s.145A(1) of the National Law and s.12 of the HCC Act the Council and Respondent are required to consult about a complaint. 3The Respondent assessed the complaint under s.20 of the HCC Act in consultation with the Council and determined to take no further action in relation to the complaint. In May 2012 the applicant sought review of the Respondent's decision under s.28(9) of the HCC Act. The Respondent reviewed its assessment decision and upheld the original assessment decision to take no further action. 4Subsequently, the applicant requested the respondent to provide access to information, pursuant to the Government Information (Public Access) Act 2009 ('GIPA Act'), as follows: A copy of all the questions asked by the Medical Council of [the named doctor] in response to my complaint. 5The Respondent determined, relying on s.43 of the GIPA Act, that the applicant's application for access to information was invalid because she sought access to 'excluded information' of the Commission,. 6The applicant seeks review of that decision.