CJU v NSW Ministry of Health [2018] NSWCATAD 181

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CJU v NSW Ministry of Health [2018] NSWCATAD 181 Hearing dates: 24 January 2018 and On the Papers Date of orders: 10 August 2018 Decision date: 10 August 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member Decision: (1) Pursuant to subsection 64(1)(a) of the Civil and Administrative Tribunal Act 2013, the name of the applicant is not to be disclosed without the leave of the Tribunal.

(2) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 a hearing of this application is dispensed with and determined on the papers.

(3) No action is to be taken on the matters raised in this application.

(4) Within 7 days of the date of this decision, the respondent must file and serve a cost application (if any), together with written submissions and any evidence in support of that application.

(5) Within 14 days from the date the applicant receives the respondent's cost application and supporting material (if any), the applicant is to file and serve any submissions and evidence in reply.

(6) Any submissions filed by the parties in regard to costs (if any) is to include submissions on the issue of whether the cost application, if made, should be determined on the papers pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: ADMINISTRATIVE REVIEW – privacy – review of conduct of a public sector agency – whether conduct of the agency was a breach of the disclosure information protection principle in the Privacy and Personal Information Protection Act 1998 - disclosure of personal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Services Act 1997 (NSW) Interpretation Act 1987 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Work Health and Safety Act 2011 (NSW) Cases Cited: Department of Education and Communities v VK (GD) [2011] NSWADTAP 61 KO and KP v Commissioner of Police, NSW Police Force (GD) [2005] NSWADTAP 56 MT v Director General, Department of Education and Training [2004] NSWADT 194 Nakhl Nasr v State of New South Wales; George Nasr v State of New South Wales [2007] NSWCA 101 PN v Department of Education and Training (GD) [2010] NSWADTAP 59 ZR v Department of Education and Training (GD) [2010] NSWADTAP 75 Category: Principal judgment Parties: CJU (Applicant) NSW Ministry of Health (Respondent) Representation: Solicitors: Applicant in person Crown Solicitor's Office (Respondent) File Number(s): 2017/00176110 Publication restriction: Pursuant to subsection 64(1)(a) of the Civil and Administrative Tribunal Act 2013, the name of the applicant is not to be disclosed without the leave of the Tribunal.Note: A reference to the name of the applicant includes a reference to any information, picture or other material that identifies the applicant or is likely to lead to the identification of the applicant.