AIN v Medical Council of New South Wales [2017] NSWCATAP 23

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: AIN v Medical Council of New South Wales [2017] NSWCATAP 23 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 P Durack SC, Senior Member Decision: 1. The appeal is allowed.

2. The Tribunal's decision and directions made on 5 January 2016 are set aside.

3. The question as to the duration of the contravention of s 18 of the Privacy and Personal Information Protection Act 1998 (NSW) (the PPIP Act) in the making of what is referred to in the reasons for decision as the Contravening Publication is remitted for redetermination by a differently constituted Tribunal based upon the evidence adduced to the Tribunal at the hearing on 10 and 11 September 2015 and such further evidence, including cross examination, as the parties may wish to adduce and is allowed by the Tribunal.

4. The question of relief under s 55 (2) of the PPIP Act in respect of the contravention of s 18 of that Act by the making of the Contravening Publication and any application in respect of the costs of the proceedings in matter number 1230032 be determined by a differently constituted Tribunal at first instance, with that Tribunal to determine whether the question of relief and costs of the proceedings should be determined separately from the redetermination of the question as to the duration of this contravention.

5. The Appellant's application, to the extent that it alleges contraventions of s 16 of the PPIP Act in the letters from the Medical Council to the Appellant dated 23 May 2011 and 16 June 2011 is dismissed.