Khoo v South Western Sydney Local Health District [2015] NSWCATAD 183

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Khoo v South Western Sydney Local Health District [2015] NSWCATAD 183 Hearing dates: 11 May 2015 Decision date: 03 September 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Lucy, Senior Member Decision: 1. The respondent's decision to refuse to provide access to the information sought by the applicant is set aside.

2. The respondent is to provide the applicant with access to the information the subject of her application under the Government Information (Public Access) Act 2009 (NSW). Catchwords: GOVERNMENT INFORMATION – Information contained in medical records of applicant's deceased grandmother - Public interest considerations in favour of disclosure – Interest in government accountability – Interest in disclosure of information relating to care of elderly people – Personal factors of application – Applicant's close relationship to grandmother - Applicant's concern to investigate suspected negligence - Public interest considerations against disclosure – Personal information of deceased person – Contravention of health privacy principle – Whether disclosure of information could reasonably be expected to prejudice the supply of confidential information – Whether disclosure of information could reasonably be expected to prejudice the effective exercise by the respondent of its functions – Lack of evidence to support public interest considerations against disclosure – Balancing of public interest considerations Legislation Cited: Government Information (Public Access) Act 2009 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Health Records and Information Privacy Act 2002 (NSW) Administrative Decisions Review Act 1997 (NSW) Freedom of Information Act 1989 (NSW) Cases Cited: AEF v Northern Sydney Local Health District (No 2) [2012] NSWADT 89 JY v Commissioner of Police (2008) NSWADT 306 Black v Hunter New England Area Health Service [2008] NSWADT 301 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Australians for Sustainable Development Inc v Barangaroo Delivery Authority [2013] NSWADT 252 St Joseph's Hospital Ltd v Correy [2008] NSWADTAP 4 Comcare v Fiedler [2001] FCA 1810 Norrie v NSW Registrar of Births Deaths and Marriages [2013] NSWCA 145 Wright v Commissioner of Police [2014] NSWCATAP 67 Commissioner of Police, NSW Police Force v Camilleri [2012] NSWADTAP 19 Raven v The University of Sydney [2015] NSWCATAD 104 Category: Principal judgment Parties: Cecilia Khoo (Applicant) South Western Sydney Local Health District (Respondent) Representation: Counsel: P Rooney (Respondent)