BZX v Western Sydney Local Health District,; BZY v Western Sydney Local Health District;; BZZ v Western Sydney Local Health District [2015] NSWCATAD 210

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BZX v Western Sydney Local Health District,; BZY v Western Sydney Local Health District;; BZZ v Western Sydney Local Health District [2015] NSWCATAD 210 Hearing dates: On the papers Decision date: 15 October 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Lucy Senior Member Decision: 1) The respondent has not contravened Health Privacy Principle 10 or Health Privacy Principle 11. 2) The proceedings are listed for a planning meeting on 17 November 2015 at 11:30am. Catchwords: PRIVACY – Health privacy – Use and disclosure principles – Whether agency responsible for conduct of employee acting for private purposes – Security of information CONFIDENTIALITY ORDERS – Desirability of prohibiting publication of an applicant's name in privacy proceedings MERITS REVIEW – Concessions made by agency of breach of privacy principle – Whether Tribunal bound by party's concession Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Administrative Decisions Review Act 1997 (NSW) Health Records and Information Privacy Act 2002 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: Director General, Department of Education and Training v MT (2006) 67 NSWLR 237 University of New South Wales v PC [2008] NSWADTAP 26 Forster v Repatriation Commission (2015) 144 ALD 624 Repatriation Commission v Warren (2008) 167 FCR 511 Category: Principal judgment Parties: BZX (Applicant in 1510230) BZY (Applicant in 1510231) BZZ (First Applicant in 1510232) CAA (Second Applicant in 1510232) CBB (Third Applicant in 1510232) Western Sydney Local Health District (Respondent) Representation: Solicitors: Crown Solicitors Office (Respondent) File Number(s): 1510230, 1510231, 1510232 Publication restriction: Publication of the names of the applicants is prohibited pursuant to an order made under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW).