ALZ v SafeWork NSW [2017] NSWCATAP 51

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ALZ v SafeWork NSW [2017] NSWCATAP 51 Hearing dates: 3 November 2016 Date of orders: 09 March 2017 Decision date: 09 March 2017 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President J Currie, Senior Member Decision: 1. The appeal is allowed in part. 2. The Respondent has contravened s 17 of the Privacy and Personal Information Protection Act 1998 (NSW) and Health Privacy Principle 10 in Schedule 1 of the Health Records and Information Privacy Act 2002 (NSW). 3. That part of the case alleging a contravention of s 12 of the Privacy and Personal Information Protection Act 1998 (NSW) and Health Privacy Principle 5 in Schedule 1 of the Health Records and Information Privacy Act 2002 (NSW) is to be reconsidered by the Tribunal in accordance with [129] of these reasons. 4. The appeal is otherwise dismissed. Catchwords: PRIVACY – health information – complaint about conduct of internal review into previous contravention of Privacy and Personal Information Protection Act 1998 (NSW) and Health Records and Information Privacy Act 2002 (NSW) - meaning of "lawful purpose" when collecting personal and health information - relationship of Information Protection Principles and Health Privacy Principles to one another – effect of contravention of collection principles on contravention of use principles Legislation Cited: Administrative Decisions Review Act 1997 (NSW), s 7, 58, 63 and 65 Civil and Administrative Tribunal Act 2013 (NSW), s 50, s 80 Health Records and Information Privacy Act 2002, Sch 1, HPP 1, 3, 4, 5, 8, 9, 10 and 11 Interpretation Act 1987 (NSW), s 33 Privacy and Personal Information Protection Act 1998 (NSW), ss 8, 9, 12, 16, 17, 19, 52, 53, 54, and 55 State Records Act 1998 (NSW), s 3 Cases Cited: ALZ v WorkCover NSW [2014] NSWCATAD 93 ALZ v WorkCover NSW [2015] NSWCATAP 138 AQO v Minister for Finance and Services [2016] NSWCA 248 Department of Education and Communities v VK (GD) [2011] NSWADTAP 61 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088 GR v Director-General, Department of Housing [2004] NSWADTAP 26 JD v NSW Medical Board [2008] NSWADT 67 KO and KP v Commissioner of Police, New South Wales Police (GD) [2005] NSWADTAP 56 LVR (WA) Pty Ltd v Administrative Appeals Tribunal [2012] FCAFC 90 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Minister for Immigration and Citizenship v SZQHH [2012] FCAFC 45; 200 FCR 223 NSW Breeding and Racing v Administrative Decisions Tribunal [2001] NSWSC 494 NX v Office of the Director of Public Prosecutions [2005] NSWADT 74 PN v Department of Education and Training [2010] NSWADTAP 59 PN v Department of Educational and Training [2009] NSWADT 287 Rittau v Commissioner of Police [2000] NSWADT 186 Rodriguez v United States [1987] USSC 36; 480 US 522 (1987) SZRBA v Minister for Immigration and Border Protection [2014] FCAFC 81; 314 ALR 146 Taikato v The Queen [1996] HCA 28; (1996) 186 CLR 454 Vice-Chancellor Macquarie University v FM [2005] NSWCA 192 Victims Compensation Fund Corporation v Brown (2002) 54 NSWLR 668 WL v Randwick City Council [2007] NSWADTAP 58 Zou v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1126 Category: Principal judgment Parties: ALZ (Appellant) SafeWork NSW (Respondent) Representation: Solicitors: Appellant (self-represented) Crown Solicitor's Office (Respondent) File Number(s): AP 16/32966 Publication restriction: Publication of the appellant's name is prohibited. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2016] NSWCATAD 121 Date of Decision: 16 June 2016 Before: S Montgomery, Senior Member File Number(s): 133158