Amos v Western NSW Local Health District; Arnold v Western NSW Local Health District [2017] NSWCATAD 359

Decision date: 6 December 2017
ADMINISTRATIVE LAW – Government information – whether disclosure could reasonably be expected to prejudice the supply of confidential information that facilitates effective exercise of agency functions – workplace investigation – human resources and patient safety functions – whether disclosure could reasonably be expected to prejudice effective exercise of agency functions – whether disclosure could reasonably be expected to disclose information provided in confidence – balancing of public interests. Personal information – whether disclosure would reveal an individual’s personal information or contravene an Information Privacy Principle – whether information already revealed – balancing of public interests.
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Bahramy v Medical Council of New South Wales [2017] NSWCATOD 146

Decision date: 19 October 2017
“ADMINISTRATIVE LAW -Application for reregistration of medical practitioner following deregistration in 2008 for professional misconduct -Whether practitioner has demonstrated he is a fit and proper person to be reinstated to the register -Applicant lacking insight-Application dismissed.”
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Decision date: 18 September 2017
‘Administrative law – freedom of information – review of decisions – other states and territories – Administrative law – freedom of information – right of access – generally – Administrative law – freedom of information – exempt documents – documents affecting enforcement or administration of the law.’
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How State Right-To-Try Laws Create False Expectations

Health Affairs Blog, 22 May 2015
Authors: D Farber, P Noronha, A Caplan, A Bateman-House
“Over the past year, state Right-to-Try (RTT) laws that claim to enable terminally ill patients to access unapproved, experimental drugs, biologics, and devices have swept the nation. As of early May, seventeen states have enacted RTT laws (most recently, Florida and Minnesota), and bills creating such laws are currently pending in over twenty state legislatures.”
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Traditional Virtues Trump Ethics Codes

Huffington Post, 22 October 2014
Author: Brad Reid
“It is too easy to equate ethics codes with law so that if a contemplated action is not contrary to the code or law, it is morally acceptable. If it is legal, then it is morally acceptable.this position is too easy and requires too little thought.”
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World getting ‘super-aged’ at scary speed

CNN, 21 August 2014
Author: Alanna Petroff
“By 2020, 13 countries will be “super-aged” – with more than 20% of the population over 65 – according to a report by Moody’s Investor Service. That number will rise to 34 nations by 2030. Only three qualify now: Germany, Italy and Japan.”
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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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Dezfouli v Pulley [2014] NSWCATAD 1 (17 January 2014)

New South Wales Civil and Administrative Tribunal – Administrative and Equal Opportunity Division 17 January 2014

Before: Magistrate N Hennessy


1. Mr Dezfouli is an Iranian man who is a patient at the Forensic Hospital. He complained to the President of the Anti-Discrimination Board that his treating psychiatrist, Dr Pulley, had victimised him for lodging a complaint of race discrimination against him. Mr Dezfouli says that after he complained of race discrimination Dr Pulley proposed to change his medication to make him more manageable and less litigious.
2. The President declined the complaint as “lacking in substance” and Mr Dezfouli has elected to have it referred to the Tribunal. Before his complaint can go ahead, the Tribunal must give its permission or ‘leave’. The test when exercising its discretion is whether it is fair and just in all the circumstances to grant leave… I have decided to grant leave for Mr Dezfouli’s complaint to go ahead…”

Find decision here.