BFP v NSW Ambulance Service [2015] NSWCATAD 39

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BFP v NSW Ambulance Service [2015] NSWCATAD 39 Hearing dates: On the papers Decision date: 13 March 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: N Isenberg, Senior Member Decision: The Tribunal Tribunal decides, pursuant to s.55(2) of the PIPP Act to take no action in this matter and to make no order as to costs. Legislation Cited: Privacy and Personal Information Protection Act 1998 Cases Cited: ZR v Department of Training and Education (NSW) [2009] NSWADTAP 69 PN v Department of Education and Training [2010] NSWADTAP 59 AFC v Sydney Children's Hospital Specialty Network [2012] NSWADT 189 MT v Department of Education and Training [2004] NSWADT 194 OA v NSW Department of Housing [2005] NSWADT 233 KT v South West Sydney Area Health Service [2010] NSWADT 227 LN v Sydney South West Area Health Service (No. 2) [2010] NSWADT 38 Category: Principal judgment Parties: BFP (Applicant) Ambulance Services NSW (Respondent) Representation: BFP (Applicant in person) Crown Solicitor's Office (Respondent) File Number(s): 1410108

REASONS FOR DECISION

Background 1. The applicant is a Station Officer in the NSW Ambulance Service ("Ambulance Service"). In December 2011, he gave notice of a workplace injury, namely anxiety as a result of "workplace concerns with persistent complaints ignored to ambulance management re resource management." Since then he has been on workers compensation leave. 2. Meanwhile, it appears, the applicant volunteered with the NSW State Emergency Service ("the SES") while on workers compensation leave from the Ambulance Service. 3. On 17 August 2012, an Ambulance Service paramedic ("the paramedic") attended a collision. The following day, the paramedic informed his supervisor, Acting Duty Operations Manager Burke, that he had seen the applicant at the incident in his capacity as a member of the SES. 4. On 25 September 2012, Mr Burke made a file note of the conversation ("the file note"). He emailed it up the chain of command to Acting Zone Manager Powell and Acting Deputy Director Operations McKenna. Mr McKenna forwarded it to Injury Management Coordinator Kentish and the relevant Human Resources Manager. Ms Kentish emailed the file note to the Case Manager at QBE Australia, the Ambulance Service's workers compensation insurer ("the insurer"). 5. Chief Superintendent Pilon, subsequently made inquiries of the SES and it was confirmed that the applicant was an active member of the SES. 6. On 8 May 2013, the applicant formally complained about the respondent's conduct in the making and handling of the file note, but the respondent found that there was no breach of the applicant's privacy. 7. The applicant seeks the Tribunal's review of the respondent's conduct. 8. Both parties filed detailed submissions. The Respondent also provided an affidavit of Mr Whitehurst, the Respondent's HR Manager. The affidavit attached 'Records of Interview' with Messrs Burke, Powell, McKenna and Pilon. The parties agreed that it was appropriate for the matter to be decided on the papers. 9. The Applicant alleges that the Respondent has contravened the following information protection principles ('IPPs'), as set out in the Privacy and Personal Information Protection Act 1998 ('PPIP Act'): Sections 8 - 10 - requirements when collecting personal information Section12 – retention and security of personal information Section 13 – information about personal information Section 16 - agency to check accuracy of personal information before use Section 17 - limits on use of personal information Section 18 - limits on disclosure of personal information 1. From his application for review it was clear that the conduct about which the applicant complained was Mr Burke's making of the file note on 25 September 2012 about matters about which he was informed by the paramedic on 18 August 2012; and the passing on of that information to senior management. While not explicit in his application for review, his submissions also referred to the passing of the information to the insurer.