Black v Hunter New England Area Health Service

[2009] NSWADTAP 66

Appeal Panel - Internal

CITATION:	Black v Hunter New England Area Health Service [2009] NSWADTAP 66
PARTIES:	APPELLANT Phillip Ross Black RESPONDENT Hunter New England Area Health Service
FILE NUMBER:	099038
HEARING DATES:	18 August 2009
SUBMISSIONS CLOSED:	7 September 2009
DATE OF DECISION:	11 November 2009
BEFORE:	Hennessy N - Magistrate (Deputy President)
CATCHWORDS:	Leave to appeal out of time – –relevant principles – leave refused
DECISION UNDER APPEAL:	18 August 2009
FILE NUMBER UNDER APPEAL:	083111
DATE OF DECISION UNDER APPEAL:	11/06/2008
LEGISLATION CITED:	Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989 Health Records and Information Privacy Act 2002
CASES CITED:	NZ v Commissioner of Police, New South Wales Police (GD) [2008] NSWADTAP 23 Lupevo Pty Ltd t/a Ampol Nabiac v Bree [2002] NSWADTAP 9
REPRESENTATION:	APPELLANT In person RESPONDENT A Johnson, solicitor
ORDERS:	The application by Mr Black to lodge an appeal out of time is refused.

REASONS FOR DECISION

Introduction

1 The appellant, Mr Black, has requested that the Appeal Panel accept his appeal even though it was lodged out of time. The general rule is that an appeal should be lodged within 28 days after the Tribunal gives the party written reasons for the appealable decision: Administrative Decisions Tribunal Act 1997 (ADT Act), s 113(3)(a). The Appeal Panel has a discretion to accept late appeals: ADT Act, s113(3)(b). The Tribunal’s reasons were handed down on 6 November 2008. The appeal was lodged on 22 June 2009, more than six months out of time.

Tribunal’s decision and Mr Black’s application under the HRIPA

2 The Tribunal’s decision was to affirm a decision of the Hunter New England Area Health Service (the Health Service) made under the Freedom of Information Act 1989 (FOI Act) to release a triage form relating to Mr Black with material deleted in respect of which exemptions had been claimed. A triage form is completed by a mental health clinician employed by the Health Service. It records information for the purpose of making an initial assessment of the mental health of the person the subject of the report. If necessary, the Health Service may contact that person and offer an assessment or invoke the relevant provisions of the Mental Health Act 2007.

3 The issue before the Tribunal was whether the exemptions in cl 13 of Schedule 1 to the FOI Act (documents containing confidential information) and/or cl 16 (documents concerning the operations of agencies) applied. The internal review decision made by the Health Service also relied on the exemption in cl 4(1)(c) relating to documents affecting law enforcement and public safety where the document contains matter the disclosure of which could reasonably be expected to endanger the life or physical safety of any person. The Health Service did not rely on that exemption before the Tribunal.

4 Shortly after the Tribunal made its decision, Mr Black sent a facsimile stating that he would be lodging an appeal against the decision. However, on 14 December 2008, about…