CDV v Illawarra Shoalhaven Local Health District [2016] NSWCATAD 302

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CDV v Illawarra Shoalhaven Local Health District [2016] NSWCATAD 302 Hearing dates: 17 March 2016, 19 May 2016. Date of orders: 21 December 2016 Decision date: 21 December 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer Senior Member Decision: (1) The decision of the respondent is affirmed. (2) The Tribunal resolves to take no action in respect of the matter. Catchwords: PRIVACY – Personal Information – Health Information – Conflict of Evidence – Weight of Evidence – Civil Standard – Absence of Evidence of Breach – Possibility of Breach - Legislation Cited: Administrative Decisions Review Act 1997 Children and Young Persons (Care and Protection) Act 1998 Civil and Administrative Tribunal Act 2013 Health Records and Information Privacy Act 2002 Privacy and Personal Information Protection Act 1998 Cases Cited: ALZ v WorkCover NSW [2015] NSWCATAP 138 KO & anor v Commissioner of Police, New South Wales Police (GD) [2004] NSWADTAP 21 BQO v Western NSW Local Health District [2015] NSWCATAD 261 Category: Principal judgment Parties: CDV (Applicant) Illawarra Shoalhaven Local Health District -(Respondent) Representation: Solicitors: CDV (Applicant in person)

Crown Solicitors Office (Respondent) File Number(s): 1510544 Publication restriction: Section 64 (1) of the Civil and Administrative Tribunal Act 2013 prohibiting or restricting the disclosure of the name of the applicant and her son or any witnesses whose identities are redacted which might constructively identify those persons.