AQO v Minister for Finance and Services

The applicant, identified as AQO, sought an internal review of the Minister for Finance and Services' alleged conduct in obtaining and using AQO's personal and health information. The dispute concerned whether a Minister, in their capacity, constituted a "public sector agency" under the *Privacy and Personal Information Protection Act 1998* (NSW) and the *Health Records and Information Privacy Act 2002* (NSW). The matter came before the Court of Appeal of New South Wales, comprising McColl, Basten, and Ward JJA.

The primary legal issues before the Court were whether the definition of "public sector agency" in the *Privacy and Personal Information Protection Act 1998* (NSW) and the *Health Records and Information Privacy Act 2002* (NSW) extended to a Minister. The Court was also required to consider the relevance of later amendments to the principal Act for the purposes of statutory interpretation and the principles of interpreting legislation in *pari materia*.

The Court reasoned that the definition of "public sector agency" in both Acts, which referred to a "person or body," did not extend to a Minister acting in their personal capacity. The Court considered the legislative intent and the structure of the Acts, concluding that a Minister, in the context of their personal actions, was not encompassed by the definition. The Court also addressed the relevance of subsequent amendments, finding them not determinative of the interpretation of the original provisions.

The Court of Appeal allowed the appeal, setting aside the orders of the Appeal Panel of the Civil and Administrative Tribunal. The Court dismissed the appeal to the Appeal Panel and remitted the matter to the Tribunal for further consideration. The Court also made orders suppressing the applicant's identity and ordered the Minister to pay AQO's costs.