ALZ v WorkCover NSW

[2014] NSWCATAD 49

NSW Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	ALZ v WorkCover NSW [2014] NSWCATAD 49
Hearing dates:	On the papers
Decision date:	24 April 2014
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	S Montgomery, Senior Member
Decision:	The matters are to be listed for a planning meeting at 9.30 am on 17 June 2014.
Catchwords:	health information - collection - use, - storage - disclosure - access and accuracy - contravention of HPPs
Legislation Cited:	Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Privacy and Personal Information Protection Act 1998 Health Records and information Privacy Act 2002 Government Information (Public Access) Act 2009 Work Health and Safety Act 2011 Occupational Health and Safety Act 2000
Cases Cited:	HW v Commissioner of Police, New South Wales Police Service and Anor [2003] NSWADT 214 JD v Director General, NSW Department of Health (No.2) [2004] NSWADT 227 KJ v Wentworth Area Health Service [2004] NSWADT 84 LN v Sydney South West Area Health Service (No 2) [2010] NSWADT 38 NX v Office of the Director of Public Prosecutions [2005] NSWADT 74 PN v Department of Education and Training [2010] NSWADTAP 59 QB v Greater Southern Area Health Service [2011] NSWADT 90 SB v Roads and Traffic Authority [2010] NSWADT 255
Category:	Principal judgment
Parties:	ALZ (Applicant) WorkCover NSW (Respondent)
Representation:	ALZ (Applicant in person) P Martin, Legal Officer Work Cover NSW (Respondent)
File Number(s):	123291; 133003

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 this 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.

1. These two matters relate to a complaint by the Applicant regarding the collection, use, storage, disclosure, access and accuracy of her health information. She alleged that the Respondent's conduct in regard to the information was in breach of several the Health Privacy Principles ("HPPs"), set out in Health Records and information Privacy Act 2002 ("HRIP Act"). At relevant times the Applicant was employed by a local council ("the Council").

1. The conduct concerns a medical report dated 10 November 2011 ("the medical report") by a psychiatrist, Dr Prabal Kar. The medical report was prepared in relation to a workers compensation claim brought by the Applicant against the Council. The workers compensation insurer which covered the Council for workers compensation claims was StateCover Mutual…