DSC v South Eastern Sydney Local Health District [2019] NSWCATAD 111

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DSC v South Eastern Sydney Local Health District [2019] NSWCATAD 111 Hearing dates: 4 June 2019 Date of orders: 07 June 2019 Decision date: 07 June 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: The applicant is entitled, pursuant to s 7(2) of the Health Records and Information Privacy Act 2002 (NSW), to bring these proceedings as his mother's authorised representative, insofar as the proceedings concern her health information. Catchwords: ADMINISTRATIVE LAW – Privacy – Health information – Whether applicant has standing to bring proceedings on his mother's behalf - Where applicant was attorney of his mother under an enduring power of attorney – Where applicant alleged that the respondent had contravened health privacy principles in relation to his mother's health information – Where Tribunal made guardianship orders appointing applicant's brother as his mother's guardian for limited purposes - Whether applicant acting as mother's authorised representative in privacy proceedings was inconsistent with the guardianship order Legislation Cited: Guardianship Act 1987 (NSW) Health Records and Information Privacy Act 2002 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Category: Procedural and other rulings Parties: DSC (Applicant) South Eastern Sydney Local Health District (Respondent) Representation: Applicant in person

Professional Practice Unit, Sydney Hospital (Respondent) File Number(s): 2018/377670 Publication restriction: The publication or broadcast of the name of the applicant is prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013.