Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: ALZ v SafeWork NSW (No 3) [2016] NSWCATAD 156 Hearing dates: On the papers Date of orders: 15 July 2016 Decision date: 15 July 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: (1) The Applicant's application that I disqualify myself from further dealing with her applications is refused.
(2) The matters are relisted for further directions at 9.30 am on 29 August 2016.Catchwords: PROCEDURAL FAIRNESS – application for disqualification - actual bias - apprehended bias - Legislation Cited: Health Records and Information Privacy Act 2002
Privacy and Personal Information Protection Act 1998Cases Cited: ALZ v SafeWork NSW (No 2) [2016] NSWCATAD 121
ALZ v WorkCover NSW [2015] NSWCATAD 241
ALZ v WorkCover NSW [2015] NSWCATAP 138
Attorney General of NSW v Lucy Klewer [2003] NSWCA 295
Barakat v Goritsas (No 2) [2012] NSWCA 36
Ebner v The Official Trustee in Bankruptcy; Clenae Pty Ltd v ANZ Banking Group [2000] HCA 63; (2000) 205 CLR 337
Khera v Law Society of New South Wales (LSD) [2005] NSWADTAP 29
McGovern v Ku-ring-gai Council [2008] NSWCA 209
Singh v Legal Aid Commission [2014] NSWCATAD 28
Turner v Commissioner, Corrective Services NSW [2016] NSWCATAD 15Category: Procedural and other rulings Parties: ALZ (Applicant)
SafeWork NSW (Respondent)Representation: ALZ (Applicant in person)
Crown Solicitor's Office (Respondent)
File Number(s): 123291, 133003, 133158
REASONS FOR DECISION
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The Applicant brought this application requesting that I disqualify myself from further dealing with three of her applications. The Respondent in each of these matters is SafeWork NSW. I am not aware of whether or not the Respondent has been advised of this request but in any event it is not necessary for the Respondent to oppose or agree with an application of this nature.
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The Applicant’s application that I recuse myself arises from my recent decision in matter number 133158. The Applicant wrote:
“I apprehend, after reading the reasons for your decision in ALZ v SafeWork NSW (No 2) [2016] NSWCATAD 121, that you did not bring an impartial and unprejudiced mind to the resolution of the issues and I consider that a fair-minded lay observer would agree.”
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Her application is said to be based on unattributed or wrongly attributed submissions and a failure to refer to her submissions.
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In ALZ v SafeWork NSW (No 2) [2016] NSWCATAD 121 (“ALZ v SafeWork (No 2)”) the Applicant alleged that the Respondent's conduct contravened several of the Health Privacy Principles ("HPPs") of the Health Records and Information Privacy Act 2002 ("HRIP Act") and also several of the Information Protection Principles ("IPPs") of the Privacy and Personal Information Protection Act 1998 ("PPIP Act"). The conduct which was the subject of her complaint concerns a medical report prepared in relation to a workers compensation claim that she had brought against her employer. The Respondent obtained a copy of the medical report from the Applicant’s employer. She alleged breaches of HPPs and…
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- Case
- [2016] NSWCATAD 156
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
(1) The Applicant's application that I disqualify myself from further dealing with her applications is refused.
(2) The matters are relisted for further directions at 9.30 am on 29 August 2016.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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