ALZ v SafeWork NSW (No 3)

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 1998
Cases 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 15
Category:	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

1. 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.

2. 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.”

3. Her application is said to be based on unattributed or wrongly attributed submissions and a failure to refer to her submissions.

4. 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…