AIN v Medical Council of New South Wales [2017] NSWCATAP 21

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: AIN v Medical Council of New South Wales [2017] NSWCATAP 21 Hearing dates: 15 & 18 July 2016 and 10 August 2016 Date of orders: 31 January 2017 Decision date: 31 January 2017 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President Durack SC, Senior Member Decision: 1. The appeal is allowed. 2. The order of the Tribunal that, "With respect to item 14 the application is dismissed" is set aside. 3. The whole of the case is to be reconsidered by a differently constituted Tribunal with further evidence, if allowed, in accordance with these reasons. 4. Any application in respect of the costs of the proceedings 1410022 below are to be determined by a differently constituted Tribunal at first instance. Catchwords: ADMINISTRATIVE REVIEW – application under Privacy and Personal Information Protection Act 1998 – access to personal information – scope of application – meaning of s 14 of PPIP Act – identification of matters relevant to liability and remedy Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) ss 27, 36, 52, 71, 73, 76, 60 and 81 Privacy and Personal Information Protection Act 1998 (NSW), ss 13, 14, 21 and 55(2), Part 2 Div 1 Administrative Decision Review Act 1997 (NSW) ss 7, 9 and 63 Cases Cited: AAI Ltd trading as GIO as agent for the Nominal Defendant v McGiffen [2016] NSWCA 229 Allianz Australia Insurance Ltd v Cervantes [2012] NSWCA 244; 61 MVR 443 Dranichnikov v Minister for Immigration and Multi-Cultural Affairs [2003] HCA 26 GL v Director General, Department of Education and Training [2003] NSWADT 166 JD v Director General, NSW Department of Health [2004] NSWADT 7 NZ v Department of Housing [2006] NSWADTAP 29 Rodger v De Gelder [2015] NSWCA 211 Category: Principal judgment Parties: AIN (Appellant) Medical Council of New South Wales (Respondent) Representation: Counsel: Z Heger (Respondent)