ALZ v WorkCover NSW [2014] NSWCATAD 49

ALZ v WorkCover NSW [2014] NSWCATAD 49

WorkCover NSW collected and used the medical report for the lawful primary purpose of an OHS investigation, and sections 59 and 62 of the Occupational Health and Safety Act 2000 could support collection of documents that included health information. However, because it was not unreasonable or impracticable for WorkCover NSW to ask the Applicant to obtain or consent to release of the report, collection from the Council contravened HPP 3. WorkCover NSW also contravened HPP 4 because it took no reasonable steps to notify the Applicant about the indirect collection and the report was not collected for law enforcement purposes. No breach of HPP 1, HPP 6, HPP 9, HPP 10 or HPP 11 was...

Jurisdiction
Australia
Judgment Date
24 April 2014
Procedural Posture
Applications for Review of Public Sector Agency Conduct Concerning Alleged Contraventions of Health Privacy Principles Under the Health Records and Information Privacy Act 2002 / Preliminary Issue of Liability Determined on the Papers; Matters Listed for Further Planning Meeting
Outcome
The Tribunal found breaches of HPP 3 and HPP 4, found no breach of HPP 1, HPP 6, HPP 9, HPP 10 and HPP 11, required further evidence on part of HPP 5, and listed the matters for a planning meeting.
Legal Topics
['collection of Health Information' 'use of Health Information' 'storage and Security of Health Information' 'disclosure of Health Information' 'access and Accuracy of Health Information' 'health Privacy Principles' 'work Cover Investigation Powers']
['administrative Law' 'health Privacy' 'occupational Health and Safety'] ['collection of Health Information' 'use of Health Information' 'storage and Security of Health Information' 'disclosure of Health Information' 'access and Accuracy of Health Information' 'health Privacy Principles' 'work Cover Investigation Powers']

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Procedural Posture

Applications for Review of Public Sector Agency Conduct Concerning Alleged Contraventions of Health Privacy Principles Under the Health Records and Information Privacy Act 2002 / Preliminary Issue of Liability Determined on the Papers; Matters Listed for Further Planning Meeting

Legal Issues

  1. 1 ["Whether WorkCover NSW collected the Applicant's health information for a lawful purpose and in circumstances reasonably necessary for an OHS investigation under HPP 1." 'Whether WorkCover NSW contravened HPP 3 by collecting the medical report from the Council rather than from the Applicant.' 'Whether WorkCover NSW contravened HPP 4 by failing to notify the Applicant of matters relating to the indirect collection of her health information.' 'Whether WorkCover NSW took reasonable security safeguards for the medical report under HPP 5.' 'Whether WorkCover NSW complied with HPP 6 concerning steps enabling individuals to ascertain health information held by the agency.' 'Whether WorkCover NSW used the medical report without taking reasonable steps as to relevance, accuracy, currency, completeness and whether it was misleading under HPP 9.' 'Whether WorkCover NSW used the medical report for an impermissible secondary purpose under HPP 10.' 'Whether internal provision of the medical report or extracts within WorkCover NSW amounted to disclosure under HPP 11.']

Ratio Decidendi

WorkCover NSW collected and used the medical report for the lawful primary purpose of an OHS investigation, and sections 59 and 62 of the Occupational Health and Safety Act 2000 could support collection of documents that included health information. However, because it was not unreasonable or impracticable for WorkCover NSW to ask the Applicant to obtain or consent to release of the report, collection from the Council contravened HPP 3. WorkCover NSW also contravened HPP 4 because it took no reasonable steps to notify the Applicant about the indirect collection and the report was not collected for law enforcement purposes. No breach of HPP 1, HPP 6, HPP 9, HPP 10 or HPP 11 was...

Court Disposition

The Tribunal found breaches of HPP 3 and HPP 4, found no breach of HPP 1, HPP 6, HPP 9, HPP 10 and HPP 11, required further evidence on part of HPP 5, and listed the matters for a planning meeting.

Orders

  • ['The matters are to be listed for a planning meeting at 9.30 am on 17 June 2014.']