AYT v Sydney Local Health District [2014] NSWCATAD 29 (19 March 2014)

New South Wales Civil and Administrative Tribunal – Administrative and Equal Opportunity Division 19 March 2014

Before: S Higgins, Principal Member


1. The applicant seeks review of conduct, by the Royal Prince Alfred Hospital (RPAH), she asserts to have been a breach of a number of health privacy principles (HPPs), set out in the Health Records and Information Privacy Act 2002 (HRIP Act), in regard to her personal health information. The alleged breaches are said to have arisen in the course of RPAH’s response to a subpoena, issued by the District Court, in May 2012. The subpoena was issued, at the request of the defendant to proceedings instituted by the applicant in that Court.
2. It is the contention of the applicant that, RPAH produced documents, containing her health information, which were irrelevant, or did not fall within, the terms of the subpoena. Of concern to the applicant were the production of her medical records from the Camperdown Aged Chronic Care and Rehabilitation Service (AC&R Clinic). It is this conduct, which the applicant alleges to amount to a contravention, by RPAH, of a number of HPPs in regard to her health information. The applicant went on to contend that as a result of the alleged contraventions her solicitor advised her that she had no alternative but to settle her occupiers liability claim before the District Court. In settling her claim, the applicant said she was forced to agree to a settlement amount that was considerably less than what she would otherwise have been entitled to.
3. RPAH and the AC&R Clinic are facilities belonging to the Sydney Local Health District (the respondent). The AC&R Clinic is also located within the grounds of RPAH…”

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