CEU v University of Technology Sydney [2017] NSWCATAD 79

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CEU v University of Technology Sydney [2017] NSWCATAD 79 Hearing dates: 18 & 19 August 2016 and 6 September 2016 Date of orders: 13 March 2017 Decision date: 13 March 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: R J Perrignon, Senior Member Decision: 1. The respondent's interlocutory application to dismiss the proceedings for want of prosecution is dismissed. 2. Findings as follows: a. The respondent did not breach Health Privacy Principle 2 by collecting a document from the applicant on 17 April 2015. b. The letter from Dr Cai to the respondent's Special Needs Service dated 21 April 2015 did not breach Health Privacy Principle 9. c. The provision of Dr Cai's letter dated 21 April 2015 to the Special Needs Service did not breach Health Privacy Principle 11. d. The provision of health information by Dr Cai to Ms Edwards on 22 May 2015 did not breach Health Privacy Principle 11. e. On 21 May 2015, Ms Widjaja did not disclose the applicant's health information as alleged to Ms Edwards in breach of Health Privacy Principle 11. 3. The Tribunal decides to take no further action in the matter. 4. Any application for costs is to be filed and served within 7 days, specifying the matters in respect of which costs are sought and the grounds. 5. Submissions in reply are to be filed and served within a further 7 days. Catchwords: ADMINISTRATIVE LAW – Health Privacy Principles 2, 9 and 11 of the Health Records and Information Protection Act 2003 – whether provision of health information by one administrative unit of an agency to another constitutes 'disclosure' – whether diagnosis of alcohol dependence accurate – whether applicant's diary collected by agency – whether notes collected were irrelevant, excessive, inaccurate or unreasonably intrusive – whether health information disclosed as alleged on 21 May 2015 - meaning of 'disclosure' in Health Privacy Principle 11. Legislation Cited: Health Records Information and Privacy Act 2002 Privacy and Personal Information Protection Act 1998 Cases Cited: AF v Minister for Health [2012] NSWADTAP 16 BVS v Sydney Local Health District [2015] NSW CATAD 171 RL v Department of Education and Training [2009] NSWADT 257 Category: Principal judgment Parties: CEU (Applicant) University of Technology Sydney Representation: Counsel: D Burwood (Applicant) A Flecknoe-Brown (Respondent) File Number(s): 1510578 Publication restriction: The applicant's name is not to be published