ALZ v WorkCover NSW [2015] NSWCATAP 138

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ALZ v WorkCover NSW [2015] NSWCATAP 138 Hearing dates: On the papers Date of orders: 10 July 2015 Decision date: 10 July 2015 Jurisdiction: Appeal Panel Before: Acting Judge K P O'Connor, AM, Deputy President, Appeals P H Molony, Senior Member Decision: 1.The appeal is allowed in relation to the ruling of the Tribunal that the organisation did not contravene HPP 6. 2. That ruling is set aside. 3. Instead a finding is substituted that the respondent contravened HPP 6. 4. Otherwise the appeal is dismissed. 5. The application is remitted to the Tribunal for the making of orders in relation to the contraventions found by it, and the additional contravention the subject of Order 3. Catchwords: PRIVACY – Health Information – Complaint by employee to regulatory agency alleging bullying - agency obtained medical report about complainant from complainant's employer without notice to complainant –whether that conduct and subsequent use and other action compliant with Health Privacy Principles – Appeal by review applicant against Tribunal findings of non-contravention – Tribunal finding set aside in relation to compliance with Health Privacy Principle 6 – Finding of contravention entered – otherwise appeal dismissed. Health Records and Information Privacy Act 2002, Health Privacy Principles 1, 5, 6, 9, 10, 11. Legislation Cited: Administrative Decisions Tribunal Act 1997 Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Health Records and Information Privacy Act 2002 Occupational Health and Safety Act 2000 Privacy and Personal Information Protection Act 1998 Privacy Act 1988 (Commonwealth) Privacy Act 1983 (Canada) State Records Act 1998 Cases Cited: Collins v Urban [2014] NSWCATAP 16; General Newspapers Pty Ltd v Telstra Corporation [1993] FCA 473; (1993) 117 ALR 629; HW v Commissioner of Police, New South Wales Police Service [2003] NSWADT 215; In re An Inquiry Under The Company Securities (Insider Dealing) Act 1985 (1988) AC 660; KO and KP v Commissioner of Police, New South Wales Police (GD) [2005] NSWADTAP 56 SB v Roads and Traffic Authority [2010] NSWADT 255; Seven Network (Operations) Ltd v Media Entertainment and Arts Alliance (2004) 148 FCR 145. Texts Cited: For Your Information: Australian Privacy Law and Practice [2008] ALRC 108 Category: Principal judgment Parties: ALZ (Appellant) WorkCover NSW (Respondent Representation: In person (A) Crown Solicitor (R) File Number(s): 14/46389 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: ALZ v WorkCover NSW [2014] NSWCATAD 49 Date of Decision: 24 April 2014 Before: S Montgomery, Senior Member File Number(s): 123291; 133003