KT v Sydney Local Health District - [2012] NSWADTAP 23

Administrative Decisions Tribunal

New South Wales

Medium Neutral Citation: KT v Sydney Local Health District [2012] NSWADTAP 23
Hearing dates: 23 March 2012
Decision date: 03 July 2012
Jurisdiction: Appeal Panel - Internal
Before: Judge K P O'Connor, President
K Fitzgerald, Judicial Member
J Schwager, Non-judicial Member
Decision:
1. Appeal dismissed.
2. The appellant to pay the respondent's costs of the appeal in the amount of its reasonable costs or the sum of $3000 whichever is the lesser.

Catchwords: PRIVACY - Disclosure of former worker's personal information by employer agency in connection with defence of freedom of information application made to the workers compensation scheme agent - Tribunal held no contravention - appeal dismissed - Privacy and Personal Information Protection Act 1998, s 18, s 25.
COSTS - Agency's application for costs of appeal - granted.
Legislation Cited: Administrative Decisions Tribunal Act 1997
Health Records and Information Privacy Act 2002
Legal Profession Act 2004
Privacy and Personal Information Protection Act 1998
Cases Cited: AF v Minister for Health; Minister for Health v AF [2012] NSWADTAP 16
British American Tobacco Australia Services Ltd v Laurie [2011] HCA 2
Chand v RailCorp [2009] NSWADTAP 64
Hawke v Chief Executive Officer, WorkCover NSW (No. 2) [2008] NSWADTAP 45
House v The King (1936) CLR 499
KT v Sydney Local Health Network [2011] NSWADT 171
KT v Sydney Local Health Network [2011] NSWADT 233
Michael Wilson & Partners Ltd v Nicholls [2011] HCA 48
PN v Department of Education and Training (GD) [2010] NSWADTAP 59
Tennent v Moukhlina (No 2) [2009] NSWADTAP 74
Category: Principal judgment
Parties: KT (Appellant)
Sydney Local Health District (Respondent)
Representation: Counsel
A Britt (Respondent)
In person (Appellant)
A Bridges-Webb, GILD Insurance Litigation Pty Ltd (Respondent)

File Number(s): 119052
Decision under appeal

Citation:

KT v Sydney Local Health Network [2011] NSWADT 171; KT v Sydney Local Health Network [2011] NSWADT 233

Before:

General Division

File Number(s):

103229

REASONS FOR DECISION

The appellant, KT, appeals against two decisions of the General Division of the Tribunal. He applied to the Tribunal under the Privacy and Personal Information Protection Act 1998 (PPIPA) (and if relevant, the Health Records and Information Privacy Act 2002 (HRIPA) for review of the conduct of the respondent agency. (The agency is now known as the Sydney Local Health District, previously Sydney Local Health Network and Sydney South West Area Health Service).

The Tribunal found that the agency had not contravened PPIPA (or HRIPA) in the way it handled certain of his personal information, and formally ordered that no further action was required by the agency: KT v Sydney Local Health Network [2011] NSWADT 171 (15 July 2011). This is the first decision appealed. The second decision appealed is the Tribunal's decision to grant the agency's application for an award of costs: KT v Sydney Local Health Network [2011] NSWADT 233 (6 October 2011).

The agency is responsible for the administration of the Royal Prince Alfred Hospital (RPAH). KT is an active litigant in this Tribunal. In January…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2012] NSWADTAP 23
Decision Date: 03 July 2012

CaseChat Overview and Summary

In the case of KT v Sydney Local Health District, the appellant, KT, challenged the decision of the NSW Civil and Administrative Tribunal (NCAT) which held that the respondent, Sydney Local Health District, had not contravened the Privacy and Personal Information Protection Act 1998 (NSW) when it disclosed the appellant's personal information to a workers compensation scheme agent in response to a freedom of information application. The appellant argued that the disclosure was not authorised or required by the Act and that the respondent's actions amounted to a breach of her privacy. The NSW Court of Appeal was tasked with determining whether the NCAT's decision was correct and whether the respondent was entitled to costs of the appeal.

The central legal issue before the court was whether the respondent's disclosure of the appellant's personal information to the workers compensation scheme agent in response to a freedom of information application was authorised or required by section 18 of the Privacy and Personal Information Protection Act 1998 (NSW). The appellant contended that the disclosure was not authorised or required by the Act and that the respondent's actions amounted to a breach of her privacy. The respondent argued that the disclosure was authorised by section 25 of the Act, which permits the disclosure of personal information in certain circumstances, including where the disclosure is necessary for the administration of the Act. The court was required to determine whether the NCAT's finding that the disclosure was authorised by section 25 of the Act was correct.

The NSW Court of Appeal held that the NCAT's decision was correct and dismissed the appellant's appeal. The court found that the respondent's disclosure of the appellant's personal information to the workers compensation scheme agent was authorised by section 25 of the Privacy and Personal Information Protection Act 1998 (NSW). The court noted that the respondent was required to provide information to the workers compensation scheme agent in response to the freedom of information application and that the disclosure of the appellant's personal information was necessary for the administration of the Act. The court held that the NCAT's finding that the disclosure was authorised by section 25 of the Act was not erroneous and accordingly dismissed the appellant's appeal. In addition, the court granted the respondent's application for costs of the appeal in the amount of its reasonable costs or the sum of $3000, whichever is the lesser.

Orders

Orders of the court

1. Appeal dismissed.

2. The appellant to pay the respondent's costs of the appeal in the amount of its reasonable costs or the sum of $3000 whichever is the lesser.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	KT v Sydney Local Health District [2012] NSWADTAP 23
Hearing dates:	23 March 2012
Decision date:	03 July 2012
Jurisdiction:	Appeal Panel - Internal
Before:	Judge K P O'Connor, President K Fitzgerald, Judicial Member J Schwager, Non-judicial Member
Decision:	1. Appeal dismissed. 2. The appellant to pay the respondent's costs of the appeal in the amount of its reasonable costs or the sum of $3000 whichever is the lesser.
Catchwords:	PRIVACY - Disclosure of former worker's personal information by employer agency in connection with defence of freedom of information application made to the workers compensation scheme agent - Tribunal held no contravention - appeal dismissed - Privacy and Personal Information Protection Act 1998, s 18, s 25. COSTS - Agency's application for costs of appeal - granted.
Legislation Cited:	Administrative Decisions Tribunal Act 1997 Health Records and Information Privacy Act 2002 Legal Profession Act 2004 Privacy and Personal Information Protection Act 1998
Cases Cited:	AF v Minister for Health; Minister for Health v AF [2012] NSWADTAP 16 British American Tobacco Australia Services Ltd v Laurie [2011] HCA 2 Chand v RailCorp [2009] NSWADTAP 64 Hawke v Chief Executive Officer, WorkCover NSW (No. 2) [2008] NSWADTAP 45 House v The King (1936) CLR 499 KT v Sydney Local Health Network [2011] NSWADT 171 KT v Sydney Local Health Network [2011] NSWADT 233 Michael Wilson & Partners Ltd v Nicholls [2011] HCA 48 PN v Department of Education and Training (GD) [2010] NSWADTAP 59 Tennent v Moukhlina (No 2) [2009] NSWADTAP 74
Category:	Principal judgment
Parties:	KT (Appellant) Sydney Local Health District (Respondent)
Representation:	Counsel A Britt (Respondent) In person (Appellant) A Bridges-Webb, GILD Insurance Litigation Pty Ltd (Respondent)
File Number(s):	119052
Decision under appeal	Citation: KT v Sydney Local Health Network [2011] NSWADT 171; KT v Sydney Local Health Network [2011] NSWADT 233 Before: General Division File Number(s): 103229