ALZ v WorkCover NSW

[2014] NSWCATAD 93

NSW Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

ALZ v WorkCover NSW [2014] NSWCATAD 93

Hearing dates:

On the papers

Decision date:

08 July 2014

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

S Montgomery, Senior Member

Decision:

1. The matter is remitted to the Respondent for reconsideration under section 65 of the Administrative Decisions Review Act 1997.

2. The reconsideration is to be completed by 29 July 2014.

3. The matter is listed for a further planning meeting at 3pm on 5 August 2014.

Catchwords:

Privacy - information protection principle - personal information -Health information - Health Privacy Principle - use of health information - collection - disclosure - storage - accuracy of personal health information

Legislation Cited:

Administrative Decisions Tribunal Act 1997
Civil and Administrative Tribunal Act 2013
Health Records and Information Privacy Act 2002
Privacy and Personal Information Protection Act 1998

Cases Cited:

AIL v Department of Premier and Cabinet (GD) [2013] NSWADTAP 26
ALZ v WorkCover NSW [2014] NSWCATAD 49
Department of Education and Communities v VK [2011] NSWADTAP 61
Department of Education and Training v GA (No 3) [2004] NSWADTAP
JD v Department of Health (GD) [2005] NSWADTAP 44
JD v New South Wales Medical Board [2008] NSWADT 67
KJ v Wentworth Area Health Service [2004] NSWADT 84
KO and KP v Commissioner of Police (GD) [2005] NSWADTAP
NX v Office of the Director of Public Prosecutions [2005] NSWADT 74
PC v University of New South Wales [2005] NSWADT 157
PN v Department of Education and Training (GD) [2010] NSWADTAP 59
SB v Roads and Traffic Authority [2010] NSWADT 255

Category:

Principal judgment

Parties:

ALZ (Applicant)
WorkCover NSW (Respondent)

Representation:

ALZ (Applicant in person)
Crown Solicitor's Office (Respondent)

File Number(s):

133158

reasons for decision

1. This matter was commenced in the General Division of the Administrative Decisions Tribunal ("the ADT") pursuant to the Administrative Decision Tribunal Act 1997 ("the ADT Act"). On 1 January 2014, the ADT was abolished and its functions were taken over by the Civil and Administrative Tribunal of New South Wales ('NCAT'). The present decision is therefore a decision of NCAT. However, because the proceedings to which it relates are 'part heard proceedings' as defined in clause 6(1) of Schedule 1 of the Civil and Administrative Tribunal Act 2013, they are to be determined as if that Act had not been enacted (see clause 7(3)(b) of that Schedule).

1. In these reasons the names of private individuals have been anonymised so as to preserve the privacy of their personal affairs. The Applicant is referred to as ALZ. At relevant times ALZ was employed by a local council ("the Council").

1. ALZ alleges that the Respondent's conduct contravened several of the Health Privacy Principles ("HPP"s) of the Health Records and Information Privacy Act 2002 ("HRIP Act") and also several of the Information Protection Principles ("IPP"s) of the Privacy and Personal Information Protection Act 1998 ("PPIP Act").

1. This matter relates to the Respondent's internal review of a complaint by…