DTN v Commissioner of Police, NSW Police Force [2020] NSWCATAD 16

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DTN v Commissioner of Police, NSW Police Force [2020] NSWCATAD 16 Hearing dates: 20 December 2019 Date of orders: 10 January 2020 Decision date: 10 January 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: G Blake AM SC, Senior Member Decision: (1) Order pursuant to s 55(2)(a) and (4)(b) of the Privacy and Personal Information Protection Act 1998 (NSW) that the respondent pay to the applicant $1,000.00 by way of compensation for the loss or damage he has suffered because of the 2014 Conduct that was the subject of the application for internal review of the applicant made on 18 February 2019 under s 53 of that Act. (2) Otherwise decide pursuant to s 55(2) of the Privacy and Personal Information Protection Act 1998 (NSW) that no action be taken on the matter. Catchwords: ADMINISTRATIVE REVIEW – health information – review of conduct of agency admitted to be a contravention of Health Privacy Principle Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Health Records and Information Privacy Act 2002 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: AOZ v Rail Corporation NSW (No 2) [2015] NSWCATAP 179 APV v Department of Finance and Services [2016] NSWCATAD 168 CJU v SafeWork NSW [2018] NSWCATAD 300 CPJ v The University of Newcastle [2017] NSWCATAD 350 CYH v Family and Community Services [2018] NSWCATAD 84 CYL v YZA [2017] NSWCATAP 105 GR v Director-General, Department of Housing (GD) [2004] NSWADTAP 26 JD v Director General, NSW Department of Health (No 2) [2007] NSWADT 256 KO and KP v Commissioner of Police, New South Wales Police (GD) [2005] NSWADTAP 56 NW v New South Wales Fire Brigades (No 2) [2006] NSWADT 61 OD v Department of Education and Training (GD) [2005] NSWADTAP 74 Vice-Chancellor Macquarie University v FM (No 2) (GD) [2004] NSWADTAP 37 Category: Principal judgment Parties: DTN (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Applicant (Self Represented) Sparke Helmore Lawyers (Respondent) File Number(s): 2019/00086806 Publication restriction: With the exception of officers of the respondent, the publication or broadcast of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in these proceedings is prohibited. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013. Note: a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.