ALZ v SafeWork NSW (No 4) [2017] NSWCATAD 1

ALZ v SafeWork NSW (No 4) [2017] NSWCATAD 1

SafeWork NSW's contraventions of HPPs 3, 4, 5, and 6 caused or contributed to psychological harm suffered by ALZ, warranting an award of $5,000 in compensatory damages. Further orders are unnecessary due to steps taken by SafeWork NSW to remedy past breaches and prevent recurrence.

Parties
Applicant: ALZ; Respondent: SafeWork NSW
Jurisdiction
Australia
Judgment Date
04 January 2017
Procedural Posture
Application for Damages for Breach of Privacy / Determination of Remedies Following Finding of Contraventions
Outcome
Application for damages granted in part; further action declined.
Legal Topics
Health Privacy Principles, Information Protection Principles, Psychological Harm, Compensation
Administrative Law Privacy Law Equal Opportunity Health Privacy Principles Information Protection Principles Psychological Harm Compensation

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Parties

ALZ

Applicant

SafeWork NSW

Respondent

Procedural Posture

Application for Damages for Breach of Privacy / Determination of Remedies Following Finding of Contraventions

Legal Issues

  1. 1 Whether SafeWork NSW contravened Health Privacy Principles and Information Protection Principles under the Health Records and Information Privacy Act 2002 and Privacy and Personal Information Protection Act 1998
  2. 2 Whether the applicant suffered psychological harm as a result of the contraventions
  3. 3 Whether it is appropriate to award damages and in what quantum

Ratio Decidendi

SafeWork NSW's contraventions of HPPs 3, 4, 5, and 6 caused or contributed to psychological harm suffered by ALZ, warranting an award of $5,000 in compensatory damages. Further orders are unnecessary due to steps taken by SafeWork NSW to remedy past breaches and prevent recurrence.

Court Disposition

Application for damages granted in part; further action declined.

Orders

  • SafeWork NSW is to pay to ALZ damages of $5,000.
  • Otherwise, the Tribunal determines to take no further action on these matters.