AIN v Medical Council of New South Wales [2017] NSWCATAP 22

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: AIN v Medical Council of New South Wales [2017] NSWCATAP 22 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 decision of the Tribunal to dismiss the application in relation to the alleged breaches of s 8 of the Privacy and Personal Information Protection Act 1998 is set aside. 3. That part of the case that relates to alleged breaches of s 8 of the Privacy and Personal Information Protection Act 1998 is to be reconsidered by a differently constituted Tribunal with further evidence if allowed, in accordance with these reasons. 4. The decision of the Tribunal to dismiss the application in relation to the alleged breach of s 18 of the Privacy and Personal Information Protection Act 1998 is set aside. 5. That part of the case that relates to an alleged breach of s 18 of the Privacy and Personal Information Protection Act 1998 is dealt with by way of a new hearing. 6. The application in relation to alleged breaches of s 18 of the Privacy and Personal Information Protection Act 1998 is dismissed. 7. Any application in respect of the costs of the proceedings 1230226 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 – collection of personal information – meaning of lawful purpose – failure to exercise jurisdiction by not addressing Appellant's case on unlawfulness - disclosure of information – effect of non-publication order - Legislation Cited: Administrative Decision Review Act 1997 (NSW), ss 7, 9 and 63 Civil and Administrative Tribunal Act 2013 (NSW) ss 36, 52, 60, 80 and 81 Health Practitioner Regulation National Law, ss 25(f), 221, 225(k) and 41l Medical Practice Act 1992 (NSW) (repealed), Sch 1, Sch 2 cl 6 Privacy and Personal Information Protection Act 1998 (NSW), ss 8, 18, 21, 25 and 55, Part 2 Div 1 Cases Cited: AAI Ltd trading as GIO as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 Collins v Urban [2014] NSWCATAP 17 Dranichnikov v Minister for Immigration and Multi-Cultural Affairs [2003] HCA 26 PN v Department of Education and Training [2009] NSWADT 287 PN v Department of Education and Training [2010] NSWADTAP 59 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)