DVH v South Eastern Sydney Local Health District [2019] NSWCATAD 221

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DVH v South Eastern Sydney Local Health District [2019] NSWCATAD 221 Hearing dates: 30 July 2019, with written submissions and other material finalised on 13 August 2019 Date of orders: 29 October 2019 Decision date: 29 October 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: P Durack SC, Senior Member Decision: (1) The Tribunal orders that these proceedings be dismissed save for the application for administrative review of the following conduct: (a) Potential breaches of the information protection principle concerning disclosure of personal information about the health of the applicant (s 18 of the Privacy and Personal Information Protection Act (NSW) 1998 and s 11 (2) and HPP 11 in Schedule 1 of the Health Records and Information Privacy Act 2002 (NSW) Act) by a communication from Ms Madunic to the Nursery & Midwifery Council of NSW on 21 August 2015 (Point 17 in the 7 March 2019 document). (b) Potential breaches of the information protection principle concerning the collection of the applicant's personal information from sources other than the applicant in the preparation of two risk assessments dated, respectively, 30 December 2013 and 22 July 2014 (s 9 of the Privacy and Personal Information Protection Act (NSW) 1998) (Point 20 in the 7 March 2019 document). (c) A potential breach of the information protection principle concerning disclosure of personal information about the applicant (s 18 of the Privacy and Personal Information Protection Act (NSW) 1998) by a communication from Ms Fenn to the Nursery & Midwifery Council of NSW in a telephone conversation on 17 September 2015 (Point 26 in the 7 March 2019 document). (d) Potential breaches of the information protection principle concerning the disclosure of personal information about the applicant (s 18 of the Privacy and Personal Information Protection Act (NSW) 1998 ) by a reference from Ms Herrick provided to the Prince of Wales Private Hospital on or about 20 August 2013 and by a communication from Ms Herrick to a financial company on or about 28 August 2013 (Points 36 and 37 in the 7 March 2019 document). (e) Potential breaches of information protection principles concerning use of personal information (s 17 of the PPIP Act) and disclosure of personal information (s 18 of the Privacy and Personal Information Protection Act (NSW) 1998 ) in relation to the entry of the applicant's name and "details" on a Service Check Register on 8 August 2014 (Point 56 in the 7 March 2019 read in conjunction with Point 11). Catchwords: PRIVACY – jurisdiction - summary dismissal – failure to sufficiently identify conduct in breach of privacy Legislation Cited: Administrative Decision Review Act 1997 Civil and Administrative Tribunal Act (NSW) 2013 Health Records and Information Privacy Act 2002 Privacy and Personal Information Protection Act (NSW) 1998 Cases Cited: BGQ v Sydney Local health District [2014] NSWCATAD 174 CYL v YZA [2017] NSWCATAP 105 CYL v YZA [2016] NSWCATAD 314 Department of Education and Training v GA (No.3) [2004] NSWADTAP 50 GA v Commissioner of Police, NSW Police [2004] NSWADT 254 KO and KP v Commissioner of Police, New South Wales [2005] NSWADTAP 56 Wickstead v Browne (1992) 30 NSWLR 1 Texts Cited: None cited Category: Principal judgment Parties: DVH (Applicant) South Eastern Sydney Local Health District (Respondent) Representation: Counsel: S Kettle (Respondent)