BMS v St Vincent’s Health Network Sydney Limited [2015] NSWCATAD 177

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BMS v St Vincent's Health Network Sydney Limited [2015] NSWCATAD 177 Hearing dates: 28 July 2015 Decision date: 25 August 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Kinross, Senior Member Decision: There is no breach of HPP8 Catchwords: ADMINISTRATIVE REVIEW- - amendment of health information -whether amendment required to ensure that health information is accurate Legislation Cited: Health Records and Information Privacy Act 2002 Mental Health Act 2007 Cases Cited: Commission For Children and Young People - v- V [2002] NSWSC 949; M v M (1988) 166 CLR 69; Category: Principal judgment Parties: BMS (Applicant) St Vincent's Health Network Sydney Limited (Respondent) Representation: Solicitors: BMS (Applicant in person) Holman Webb Lawyers (Respondent) File Number(s): 1410550 Publication restriction: Pursuant to subs 64 (a) of the Civil and Administrative Tribunal Act 2013, the name of the applicant is not to be published or broadcasted without the leave of the Tribunal.

REASONS FOR DECISION

Background 1. The applicant was hospitalised for the period 4 – 29 April 2013. She denies making a statement recorded in the medical progress notes. The respondent was not prepared to amend the progress notes but sealed that part of the record, attached a letter from the applicant and made a notation. The applicant seeks the deletion of the statement from the medical record.

Relevant law 1. Certain agencies are required to comply with the Health Privacy Principles: s11(2) Health Records and Information Privacy Act 2002. An organisation must, at the request of the individual make appropriate amendments to ensure that the health information is accurate: Schedule 1, cl 8 (HPP8). If an organisation is not prepared to amend health information in accordance with a request, the organisation must take such steps as are reasonable to attach to the information, any statement of the amendment sought provided by that individual: HPP8.