BQO v Western NSW Local Health District [2015] NSWCATAD 261

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BQO v Western NSW Local Health District [2015] NSWCATAD 261 Hearing dates: 6 August 2015 Date of orders: 14 December 2015 Decision date: 14 December 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer Senior Member Decision: (1) The Tribunal decides to take no action on this matter. Catchwords: PRIVACY – Personal Information – Health Information – Accuracy of records – conflict in evidence – amendment by addendum – continuing record of care – limitations on deletion of health information – HPP 8 Legislation Cited: Privacy and Personal Information Protection Act 1998 Health Records and Information Privacy Act 2002 Cases Cited: TB v South Eastern Sydney Illawarra Health Service [2011] NSWADT 165 Category: Principal judgment Parties: BQO (Applicant) Western NSW Local Health District (Respondent) Representation: Solicitors: BQO (Applicant in Person) Crown Solicitor's Office (Respondent) File Number(s): 1410748

Reasons for decision 1. This is an application for a review of the conduct of the Respondent Public Sector Agency, which was subject to an Internal Review application under Part 5 of the Privacy and Personal Information Protection Act 1998 (the PPIP Act). 2. As the conduct involved an alleged breach of the privacy provisions in respect of health information under the Health Records and Information Privacy Act 2002 (the HRIP Act), the review of the conduct under section 21 of the HRIP Act is dealt with under the provisions of the PPIP Act as outlined above. 3. Both the PPIP Act and HRIP Act have provisions for a person who is aggrieved by the public sector agency's management of their personal or health information, to request that the matter be reviewed by the Agency.