DTN v Commissioner of Police (No 3) [2020] NSWCATAP 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DTN v Commissioner of Police (No 3) [2020] NSWCATAP 73 Hearing dates: 3 April 2020 Date of orders: 30 April 2020 Decision date: 30 April 2020 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member Dr R Dubler SC, Senior Member Decision: (1) Vary the decision of the Tribunal of 10 January 2020 to the following: (a) Pursuant to s63(2) of the Administrative Decisions Review Act 1997 (NSW) the Tribunal affirms that part of the respondent's internal review decision of 24 September 2019 to make a formal apology to the applicant because of the conduct that was the subject of the application for internal review of the applicant made on 18 February 2019. (b) 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 conduct that was the subject of the application for internal review of the applicant made on 18 February 2019. (2) Remit the question of whether or not the Tribunal should make the other orders sought by the Appellant in his statutory declaration made on 11 October 2019 to the Senior Member for reconsideration in accordance with these reasons and otherwise according to law. (3) Otherwise dismiss the Appeal. Catchwords: ADMINISTRATIVE REVIEW – privacy – health information – damages for contravention of Health Privacy Principle – causation – review of discretionary judgment – parameters of "ancillary orders" under s 55(2)(g) of the Privacy and Personal Information Protection Act 1998 (NSW)