AQO v Minister for Finance and Services [2016] NSWCA 248

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: AQO v Minister for Finance and Services [2016] NSWCA 248 Hearing dates: 14 March 2016 Date of orders: 05 September 2016 Decision date: 05 September 2016 Before: McColl JA at [1], Basten JA at [106], Ward JA at [175] Decision: (1) Direct that the applicant continue to be known by the letters AQO and direct, pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), that information tending to reveal his identity not be disclosed, on the grounds that such an order is necessary to prevent prejudice to the proper administration of justice and in the public interest, which in this respect significantly outweighs the public interest in open justice, within s 8(1)(a) and (e).

(2) Grant the applicant leave to appeal from the decision of the Appeal Panel of the Civil and Administrative Tribunal given on 11 August 2015.

(3) Deem the draft notice of appeal contained in the white folder to have been filed and to be the notice of appeal.

(4) Set aside the orders of the Appeal Panel allowing the appeal to it and dismissing the application for review.

(5) In place of those orders, order that the appeal to the Appeal Panel be dismissed and remit the matter to the Tribunal for further consideration of the application before it.

(6) Order that the Minister pay the applicant's costs of the proceedings in this Court. Catchwords: STATUTORY INTERPRETATION – where applicant made privacy complaint seeking internal review of Minister's alleged conduct in obtaining and using applicant's personal and health information – Privacy and Personal Information Protection Act 1998 (NSW), s 53 – Health Records and Information Privacy Act 2002 (NSW), s 21 – whether definition of "public sector agency" in each Act extended to a Minister – Privacy and Personal Information Protection Act 1998 (NSW), s 3 – Health Records and Information Privacy Act 2002 (NSW), s 4