DGL v Illawarra Shoalhaven Local Health District [2018] NSWCATAD 296

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DGL v Illawarra Shoalhaven Local Health District [2018] NSWCATAD 296 Hearing dates: 13 and 27 September 2018 Date of orders: 20 December 2018 Decision date: 20 December 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer Senior Member Decision: The decision of the respondent is affirmed Catchwords: ADMINISTRATIVE LAW - privacy – personal information – conduct under review – exemptions to privacy provisions – whether conduct sanctions by law – whether absence of evidence provides for determination of facts – whether finding open to agency- s62 finding not available on available evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 Health Services Act 1997 Privacy and Personal Information Protection Act 1998 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: AQL v NSW Trustee and Guardian [2014] NSWCATAD 116 BYW v Commissioner of Police, NSW Police Force [2015] NSWCATAP 270 CEU v University of Technology Sydney [2018] NSWCATAD Department of Education and Training v ZR (No 2) [2009] NSWADTAP 44 KO and KP v Commissioner of Police (NSW) [2005] NSWADTAP 44 KP v Narrandera Shire Council (GD) [2011] NSWADTAP 15 OD v Department of Education and Training (GD) [2005] NSWADTAP 74 PN v Department of Education and Training [2010] NSWADTAP 59 Texts Cited: NSW Delegations Manual State Health Publication No (AB) 90-20 1997 Category: Principal judgment Parties: DGL (Applicant) Illawarra Shoalhaven Local Health District (Respondent) Representation: Solicitors: Applicant in person Crown Solicitor's Office (Respondent) File Number(s): 2017/00353644 Publication restriction: Section 64 (1) of the Civil and Administrative Tribunal Act 2013 prohibiting or restricting the disclosure of the name of the applicant.