QB v Greater Southern Area Health Service

QB brought proceedings against the Greater Southern Area Health Service, claiming breaches of the Health Records and Information Privacy Act 2002 (HRIP Act) in the collection, use, and disclosure of personal health information. The case was heard by the NSW Civil and Administrative Tribunal, which had to determine whether the health service had contravened the health privacy principles (HPP) in the HRIP Act and whether appropriate action should be taken.

The legal issues before the Tribunal included whether the health service had unlawfully collected, used, or disclosed QB's health information in breach of HPP 11, whether it had failed to ensure the accuracy of the information in breach of HPP 9, and whether it had failed to notify QB of these breaches as required by HPP 11. The Tribunal also had to consider whether appropriate orders should be made to rectify the breaches and provide remedies to QB.

In its decision, the Tribunal found that the health service had breached HPPs 3, 4, 9, and 11 in relation to QB's health information. It held that the health service had unlawfully collected and used QB's information, failed to ensure its accuracy, and had not notified QB of the breaches as required. The Tribunal ordered the health service to refrain from further breaches, to apologise to QB, and to take steps to recover and secure the disclosed information. It also provided for a process to determine the form and content of any additional orders and to determine the issue of costs.

The Tribunal dismissed QB's application for costs but provided a process for QB to apply for costs within 30 days of the publication of the reasons. The health service was given 30 days to file and serve any submissions in relation to the form and content of additional draft orders, with QB having a further 21 days to respond. The Tribunal would then determine whether to make orders in accordance with the draft or in any other form.