Seven Network Limited v South Eastern Sydney Local Health District [2017] NSWCATAD 210

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Seven Network Limited v South Eastern Sydney Local Health District [2017] NSWCATAD 210 Hearing dates: 20 March 2017 Date of orders: 27 June 2017 Decision date: 27 June 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: DAC Robertson, Senior Member Decision: (1) Affirm the decision to refuse to provide access to the video footage identified as Footage 1 being footage recorded by CCTV cameras in and outside a Safe Assessment Room.

(2) Set aside the decision to refuse to provide access to the video footage identified as Footage 2 and Footage 3.

(3) In place of the decision to refuse to provide access to Footage 2 and Footage 3, the decision is made that access is to be provided to Footage 2 and Footage 3 with the faces, heads, necks and any tattoos or other identifying marks of any person appearing in the footage concealed by pixelation.

(4) Grant the parties liberty to apply by written notice to the registry in the event that any issue arises in relation to compliance with the above orders. Catchwords: Government Information (Public Access) – application for disclosure of CCTV footage of assaults on staff at hospitals – whether overriding public interest against disclosure – disclosure of personal information and health information – disclosure prejudicing the effective exercise of the agency's functions - whether pixelation of faces and identifying marks would avoid concerns – impact on operations of hospitals if footage recording treatment of patients was released. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Government Information (Public Access) Act 2009 (NSW) Freedom of Information Act 1989 (NSW) Freedom of Information Act 1982 (Vic) Health Records and Information Privacy Act 2002 (NSW) Health Services Act 1997 (NSW) Privacy and Personal Information Protection Act 1988 (NSW) Cases Cited: Commissioner of Police, New South Wales Police Force v Camilleri [2012] NSWADTAP 19 Commissioner of Police v Field [2016] NSWCATAP 59 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Director General, Department of Education and Training v Mullett & Anor (GD) [2002] NSWADTAP 13 Leech v Sydney Water Corporation [2010] NSWADT 298 Neary v State Rail Authority [1999] NSWADT 107 Office of Finance & Services v APV & APW [2014] NSWCATAP 88 Willner v City of Port Phillip (Review and Regulation) [2015] VCAT 1320 WL v Randwick City Council (GD) [2007] NSWADTAP 58 Category: Principal judgment Parties: Seven Network Limited (Applicant) South Eastern Sydney Local Health District (Respondent) Representation: Counsel: R A Jedrzejczyk (Applicant) S Palaniappan (Respondent)