BVS v Sydney Local Health District [2015] NSWCATAD 171

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BVS v Sydney Local Health District [2015] NSWCATAD 171 Hearing dates: 29 July 2015 Decision date: 18 August 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1. The Sydney Local Health District is, within 30 days of the publication of these reasons, to render a written apology to the applicant for disclosing health information about the Applicant to a third person without lawful authority.

2. The Sydney Local Health District is to advise the Applicant of the steps to be taken by the agency to minimise the possibility of a similar breach in future.

3. Otherwise the Tribunal determines not to take any action in the matter. Catchwords: Privacy - Health information - health privacy principle - security - access - use - disclosure Legislation Cited: Health Records and Information Privacy Act 2002 Privacy and Personal Information Protection Act 1998 Cases Cited: AF v Minister for Health; Minister for Health v AF [2012] NSWADTAP 16 Director General, Department of Education and Training v MT [2006] NSWCA 270 FM v Vice Chancellor, Macquarie University [2003] NSWADT 78 HP v Hunter New England Area Health Services [2009] NSWADT 186 NK v Northern Sydney Central Coast Area Health Service [2010] NSWADT 258 NS v Commissioner, Department of Protective Services [2004] NSWADT 263 Category: Principal judgment Parties: BVS (Applicant) Sydney Local Health District (Respondent) Representation: Counsel: P Rooney (Respondent)