BKM v Sydney Local Health District

[2015] NSWCATAD 87

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	BKM v Sydney Local Health District [2015] NSWCATAD 87
Hearing dates:	On the Papers
Decision date:	29 April 2015
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	J McAteer, Senior Member
Decision:	(1) The strike out application of the Respondent is dismissed. (2) The Applicant is to advise the Divisional Registrar in writing within 21 days of receipt of these reasons whether he wishes to proceed with his application. (3) Subject to the applicant’s decision at order (2) the matter will be either listed for a Planning Meeting or listed for dismissal.
Catchwords:	Administrative Review – Privacy jurisdiction of Tribunal – powers of Tribunal upon review – nature of review – review of conduct – power of Tribunal to make orders to address systemic issues.
Legislation Cited:	Administrative Decisions Review Act 1997 Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 Civil and Administrative Tribunal Amendment Bill 2013 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Health Records (Information Privacy) Act 2002 Privacy and Personal Information Protection Act 1998
Cases Cited:	Department of Education & Training v GA (No. 3) [2004] NSWADTAP 50 Vice-Chancellor Macquarie University v FM (No 2) [2004] NSWADTAP MH v NSW Maritime [2011] NSWADT 248 GA v Commissioner of Police, NSW Police [2004] NSWADT 254
Category:	Principal judgment
Parties:	BKM (Applicant) Sydney Local Health District (Respondent)
Representation:	Counsel: M Hutchings (Respondent) Solicitors: BKM (Applicant in person) Curwoods Legal Services P/L (Respondent)
File Number(s):	1410388
Publication restriction:	Publication restrictions apply under s 65 of Civil and Administrative Tribunal Act 2013 (NSW)

reasons for decision

1. The applicant in these proceedings is referred to as “BKM”. BKM is the applicant’s pseudonym used in these proceedings.

2. This is an application for a review of the conduct of the Respondent Public Sector Agency, which was subject to an Internal Review application under Part 5 of the Privacy and Personal Information Protection Act 1998 (the PPIP Act).

3. The subject conduct involved an alleged breach of Information Protection Principles (I.P.P.’s) under the PPIP Act, and Health Privacy Principles (H.P.P.’s) under the Health Records and Information Privacy Act 2002 (the HRIP Act).

4. As the conduct involved an alleged breach of the privacy provisions in respect of health information under the HRIP Act, the review of the conduct under section 21 of the HRIP Act is dealt with under the provisions of the PPIP Act as outlined above.

5. Both the PPIP Act and HRIP Act have provisions for a person who is aggrieved by the public sector agency's management of their personal or health information, to request that the matter be reviewed by the Agency.

6. Section 21 of the HRIP Act provides:

21 Complaints against public sector agencies

(1) The following conduct by a public sector agency is conduct to which Part 5 (Review of certain conduct) of the PPIP Act applies:

(a) the contravention of a Health Privacy Principle that applies to the agency,

(b) the contravention of a health privacy…