Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: FTA v Fire and Rescue NSW [2024] NSWCATAD 139 Hearing dates: 13 June 2023, 21 June 2023, 12 September 2023, 27 September 2023. Date of orders: 22 May 2024 Decision date: 22 May 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: (1) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 publication of the name of the applicant is prohibited.
(2) Pursuant to s 55(2) of the Privacy and Personal Information Protection Act 1998 and/or s 54 of the Health Records and Information Privacy Act 2002, no action will be taken in this matter.
Catchwords: ADMINISTRATIVE LAW – privacy – exemption – suitability for employment as a public sector official
Legislation Cited: Government Sector Employment Act 2013
Cases Cited: AF v Healthquest & Another [2011] NSWADT 99
AHC v Fire and Rescue New South Wales [2012] NSWADT 258
AOB v Commissioner of Police [2013] NSWADT 138
Department of Education and Training v MT (2006) 67 NSWLR 237; [2006] NSWCA 270
Department of Education and Training v PN [2006] NSWADTAP 66
DPD v Far West Local Health District [2020] NSWCATAD 141
DTN v Commissioner of Police (NSW) [2021] NSWCATAD 240
DTN v Commissioner of Police, NSW Police Force (No 2) [2021] NSWCATAD 294
EY v Department of Corrective Services (GD) [2009] NSWADTAP 25
OD v Department of Education and Training [2006] NSWADT 312
PN v Department of Education & Training [2006] NSWADT 122
Y v Director General, Department of Education & Training [2001] NSWADT 149
Category: Principal judgment Parties: FTA (Applicant)
Fire and Rescue NSW (Respondent)Representation: Applicant (self-represented)
Solicitors:
Sparke Helmore Lawyers (Respondent)
File Number(s): 2023/00075257 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 publication of the name of the applicant is prohibited.
REASONS FOR DECISION
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The Applicant, known in these proceedings by the pseudonym ‘FTA’, commenced employment as a firefighter with Fire and Rescue NSW (the Respondent) on 29 April 1994. On 21 June 2021 the Applicant was stood down from operational duties and on 22 June 2021 he was referred for an independent medical assessment pursuant to clause 8 of the Crown Employees (Fire and Rescue NSW Firefighting Staff Death and Disability) Award 2021 (the Award). That assessment was conducted by Dr Andrew McClure, who provided a psychiatric assessment report on 10 November 2021 (the Report).
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On 1 May 2022 the Applicant made a number of complaints alleging bullying, intimidation and misconduct by Zone Commander Superintendent Matthew Waldon (ZCS Waldon) towards him (the 1 May 2022 Complaint). ZCS Waldon was the Applicant’s immediate line manager. For the purpose of these proceedings, only Complaint 2 is relevant:
Zone Commander Waldon gained unauthorised access to my medical records, in contravention of the Information and Privacy Act (HRIP Act), Part 3, for the purpose of finding…
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- AGLC
- FTA v Fire and Rescue NSW [2024] NSWCATAD 139
- Case
- [2024] NSWCATAD 139
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the public interest in transparency and accountability outweighed the individual's right to privacy in this particular case. The Tribunal considered the balance of public interest factors and whether the information was relevant to the applicant's suitability for employment. It was also necessary to assess whether the disclosure would cause significant harm to the individual's privacy.
The Tribunal held that the public interest in transparency and accountability did not override the individual's right to privacy in this instance. The Tribunal determined that the information was not relevant to the applicant's suitability for employment, and disclosure would cause significant harm to the individual's privacy. Consequently, the application for disclosure was dismissed, and no action will be taken in this matter under the specified sections of the privacy legislation. The Tribunal also ordered that the name of the applicant be kept confidential under the Civil and Administrative Tribunal Act 2013.
Orders
Orders of the court
(1) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 publication of the name of the applicant is prohibited.
(2) Pursuant to s 55(2) of the Privacy and Personal Information Protection Act 1998 and/or s 54 of the Health Records and Information Privacy Act 2002, no action will be taken in this matter.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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