AF v Minister for Health; Minister for Health v AF

In the case of AF v Minister for Health; Minister for Health v AF, the applicants contested the decision of the Health Complaints Commissioner to dismiss their complaints against the Minister for Health. The applicants argued that the Commissioner's decision was unreasonable, and that the Minister had contravened the Health Privacy Principles by disclosing their personal information. The matter was heard in the Civil Division of the Supreme Court of Victoria.

The court was required to determine whether the information collected and disclosed by the Minister constituted "personal information" under the Health Records and Information Privacy Act 2002. Specifically, the court had to consider the meaning of the term "personal information" and whether it included information or opinion about an individual's suitability for employment, as well as the purpose for which the information was collected and the limitations on its use. The court also had to consider whether the disclosure of the complaint communications to the applicants' employer constituted a breach of the Health Privacy Principles.

The court found that the information collected and disclosed by the Minister did constitute "personal information" within the meaning of the Act, as it included information or opinion about the applicants' suitability for employment. However, the court held that the Minister's disclosure of the complaint communications to the applicants' employer was not a breach of the Health Privacy Principles, as it was necessary for the purpose of assessing the applicants' suitability for employment. The court further found that the Minister's disclosure of the referral and dossier information to the applicants' employer was not subject to review under the Privacy and Personal Information Protection Act 1998. Consequently, the Minister's appeal was allowed, and the applicants' appeal was dismissed.

The court ordered that the applicants' appeal be dismissed, and that their application for costs be dismissed. The court also ordered that the Minister's application for review be dismissed for want of jurisdiction in respect of the referral and dossier issues, and that the Minister's application for review be dismissed in relation to the complaint communications issues. The court further ordered that the applicants pay the Minister's costs, fixed at $5,000, and that the Minister's application for costs be dismissed.