DKV v Southern NSW Local Health District [2019] NSWCATAP 189

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DKV v Southern NSW Local Health District [2019] NSWCATAP 189 Hearing dates: 28 June 2019 Date of orders: 26 July 2019 Decision date: 26 July 2019 Jurisdiction: Appeal Panel Before: S Cole DCJ, Deputy President J Kearney, Senior Member Decision: The appeal is dismissed. Catchwords: Administrative Law – NCAT internal appeal – Health Privacy Principles – scope of review by NCAT Legislation Cited: Health Records and Information Privacy Act 2002 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Michael Wilson & Partners Limited v Nicholls (2011) 244 CLR 427 Texts Cited: M Aronson, M Groves and G Weeks, Judicial Review of Administrative Action and Government Liability (6th ed, 2017, Thomson Reuters) Category: Principal judgment Parties: DKV (Appellant) Southern NSW Local Health District (Respondent) Representation: Appellant (self-represented)

Solicitors: Crown Solicitor (Respondent) File Number(s): AP 19/06089 Publication restriction: unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Administrative and Equal Opportunity Division Citation: [2019] NSWCATAD 12 Date of Decision: 8 January 2019 Before: R L Hamilton SC, Senior Member File Number(s): 2018/00111711