DTJ v NSW Ministry of Health [2020] NSWCATAD 65

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DTJ v NSW Ministry of Health [2020] NSWCATAD 65 Hearing dates: 8 July 2019 Date of orders: 24 February 2020 Decision date: 24 February 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: (1) The Tribunal affirms the respondent's decision under s 63(3)(a) of the Administrative Decisions Review Act 1997. (2) The Tribunal takes no action under s 55(2) of the Privacy and Personal Information Protection Act 1998. Catchwords: ADMINISTRATIVE LAW – PRIVACY – personal information – reasonable – security safeguards - use – disclosure - exceptions Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Health Records and Information Privacy Act 2002 Mental Health Act 2007 Privacy and Personal Information Protection Act 1998 Cases Cited: ALZ v WorkCover NSW (No 2) [2014] NSWCATAD 122 ALZ v WorkCover NSW [2015] NSWCATAP 138 CYH v Family and Community Services [2018] NSWCATAD 84 CYL v YZA [2017] NSWCATAP 105 DMW and DMX v NSW Local Land Services [2019] CATAD 128 FH v Commissioner, New South Wales Department of Corrective Services [2003] NSWADT 72 Harrison v Melhem (2008) 72 NSWLR 380 Jackson v The University of New South Wales [2018] NSWCATAD 12 KD v Registrar, NSW Medical Board [2004] NSWADT 5 KT v Sydney Local Health Network [2011] NSWADT 292 MT v Department of Education and Training [2004] NSWADT 194 OA v New South Wales Department of Housing [2005] NSWADT 233 Vice-Chancellor, Macquarie University v FM (GD) [2003] NSWADTAP 43 XW v Department of Education and Training [2009] NSWADT 73 Category: Principal judgment Parties: DTJ (Applicant) Ministry of Health (Respondent) Representation: Applicant (self-represented) Crown Solicitor (Respondent) File Number(s): 2019/00080433 Publication restriction: Section 64(1) of the Civil and Administrative Tribunal Act 2013 prohibiting or restricting the disclosure of the name of the applicant and any witnesses whose identities are redacted which might constructively identify those persons.