ALL v Sydney Local Health District [2019] NSWCATAD 143

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ALL v Sydney Local Health District [2019] NSWCATAD 143 Hearing dates: 14 May 2019 Date of orders: 24 July 2019 Decision date: 24 July 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: L Pearson, Principal Member Decision: 1. The application to set aside the summons to the respondent Sydney Local Health District dated 27 February 2019 and 1 March 2019 is granted. 2. The application to set aside the summons to the Information and Privacy Commission dated 28 February 2019 is granted. 3. The matter is listed at 9.30am Tuesday 30 July 2019 for further directions and to set a hearing date. Catchwords: PROCEDURE – summons to produce documents – application to set aside summons - whether summons has legitimate forensic purpose – whether summons oppressive Legislation Cited: Civil and Administrative Tribunal Act 2013 Health Care Complaints Act 1993 Health Records and Information Privacy Act 2002 Mental Health Act 1990 Privacy and Personal Information Protection Act 1998 Cases Cited: ALL v Sydney Local Health District [2014] NSWCATAD 4 CPJ v The University of Newcastle [2017] NSWCATAD 350 CYL v YZA [2017] NSWCATAP 105 KO v Commissioner or Police, NSW Police Force (GD) [2005] NSWADTAP 56 Lonsdale v University of Sydney [2015] NSWCATAP 277 Texts Cited: Nil Category: Procedural and other rulings Parties: ALL (Applicant) Sydney Local Health District (Respondent) Representation: ALL (Applicant in person) Crown Solicitor (Respondent)