AOZ v Rail Corporation NSW (No 2) [2015] NSWCATAP 179

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: AOZ v Rail Corporation NSW (No 2) [2015] NSWCATAP 179 Hearing dates: On the papers Date of orders: 19 August 2015 Decision date: 19 August 2015 Jurisdiction: Appeal Panel Before: Acting Judge K P O'Connor, AM, Deputy President, Appeals S Montgomery, Senior Member M Bolt, General Member Decision: 1. That the respondent pay the appellant $4000 by way of financial compensation for the contravention found. 2. That the respondent render a formal apology in writing to the respondent for the distress caused to her by its contravention. Catchwords: PRIVACY OF HEALTH INFORMATION – Appeal finding of contravention of Health Privacy Principle 4 – extension to merits - final order – financial compensation, apology. Health Privacy Principle 4(2). Legislation Cited: Health Records and Information Privacy Act 2002 Privacy and Personal Information Protection Act 1998 Workers Compensation Act 1987 Cases Cited: FM and FN v Department of Community Services [2008] NSWADT 288 GR v Department of Housing (No 2) [2005] NSWADT 301 HP v Hunter New England Area Health Services [2009] NSWADT 186 JD v NSW Dept of Health [2007] NSWADT 219 JD v NSW Medical Health Board (No 2) [2006] NSWADT 345 NK v Northern Sydney Central Coast Area Health Service (No.2) [2011] NSWADT 81 NZ v Director General, Department of Housing [2006] NSWADT 173 RD v Department of Education and Training [2005] NSWADT 195 Re Rummery and Federal Privacy Commissioner [2004] AATA 1221 WT v Auburn Council [2007] NSWADT 253 Texts Cited: - Category: Principal judgment Parties: AOZ (Appellant) Rail Corporation NSW (Respondent) Representation: Appellant in person Solicitors: Spark Helmore (Respondent) File Number(s): AP 14/46278 Decision under appeal Court or tribunal: Administrative Decisions Tribunal Jurisdiction: General Division Citation: [2013] NSWADT 279 Date of Decision: 4 December 2013 Before: Naida Isenberg, Judicial Member File Number(s): 133037