Vafa v Northern Sydney Local Health District [2020] NSWCATAD 44

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vafa v Northern Sydney Local Health District [2020] NSWCATAD 44 Hearing dates: 16 December 2019 Date of orders: 07 February 2020 Decision date: 07 February 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: The decision under review is affirmed. Catchwords: FREEDOM OF INFORMATION – government information – whether information is held by agency – decision affirmed. Legislation Cited: Government Information (Public Access) Act 2009 (NSW) Administrative Decisions Review Act 1997 (NSW) Cases Cited: Camilleri v Commissioner of Police, NSW Police Force [2012] NSWADT 5 McClymont v Department of Family and Community Services [2017] NSWCATAD 202 Zonnevylle v Department of Finance, Services and Innovation [2017] NSWCATAD 186 Texts Cited: None cited Category: Principal judgment Parties: Jamshid Vafa (Applicant) Northern Sydney Local Health District Representation: Solicitors: Applicant (Self Represented) Northern Sydney Local Health District (Respondent) File Number(s): 2019/00246248 Publication restriction: Nil

REASONS FOR DECISION 1. On 5 March 2019 the applicant applied under the Government Information (Public Access) Act 2009 (the GIPA Act) for access to the following information: "The CCTV of 6 March 2013 operation on, specifically the report following the operation which finished at 1.55 pm. Confirmation of laser treatment on my left hand in the post – acute care unit from 2.00 pm to 3.21 pm on 6/3/2013 at RNSH." 1. The agency determined to provide access to Mr Vafa's medical records but decided that it did not hold the CCTV footage. Its decision did not specifically address the "report following the operation". 2. Mr Vafa sought external review by the Information and Privacy Commission. The Commission determined on 22 July 2019 that the agency's decision was justified and made no recommendations. 3. Mr Vafa sought review of the decision by this Tribunal on 8 August 2019. At the case conference on 1 October 2019 Senior Member McAteer remitted the decision to the respondent to make a fresh decision concerning the information other than the CCTV footage. 4. On 22 October 2019 the respondent made a fresh determination. The determination found that when the respondent provided a full copy of Mr Vafa's medical record, this included all information concerning the operation on 6 March 2013, and there was no report following the operation as the surgical team did not at any time use laser treatment on Mr Vafa. 5. The respondent determined that it did not hold the information sought and that Mr Vafa had been provided with all medical records concerning him in its possession.