ALZ v WorkCover NSW [2014] NSWCATAD 93

ALZ v WorkCover NSW [2014] NSWCATAD 93

The Tribunal found that the Respondent was not authorised under section 53 of the PPIP Act or under the WIMWC Act to exceed the scope of the Applicant's complaint or to collect her personal and health information from sources unrelated to the complaint. The internal review did not comply with the privacy principles as its collection, use and disclosure of information from StateCover and about matters not complained of by the Applicant was not reasonably necessary for the investigation. The asserted statutory exemptions and authorisations for non-compliance with the privacy principles did not apply in the circumstances of this case.

Parties
Applicant: ALZ; Respondent: WorkCover NSW
Jurisdiction
Australia
Judgment Date
08 July 2014
Procedural Posture
Administrative Reconsideration / Privacy Complaint / Decision on Preliminary Issue; Remitter for Reconsideration
Outcome
Remitted to Respondent for reconsideration
Legal Topics
Internal Review, Health Information, Personal Information, Collection, Use and Disclosure of Information, Accuracy Obligations, Statutory Exemptions, Workers Compensation Information, Administrative Decisions Review
Privacy Law Administrative Law Information Law Internal Review Health Information Personal Information Collection, Use and Disclosure of Information Accuracy Obligations +3 more

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Parties

ALZ

Applicant

WorkCover NSW

Respondent

Procedural Posture

Administrative Reconsideration / Privacy Complaint / Decision on Preliminary Issue; Remitter for Reconsideration

Legal Issues

  1. 1 Whether the Respondent's collection, use, and disclosure of the applicant's personal and health information complied with the Health Privacy Principles and Information Protection Principles
  2. 2 Whether section 53 of the Privacy and Personal Information Protection Act 1998 (PPIP Act) or the Workplace Injury Management and Workers Compensation Act 1998 (WIMWC Act) lawfully authorised or required non-compliance with the privacy principles
  3. 3 Whether the investigation exceeded the scope of the complaint by collecting information unrelated to the specified conduct

Ratio Decidendi

The Tribunal found that the Respondent was not authorised under section 53 of the PPIP Act or under the WIMWC Act to exceed the scope of the Applicant's complaint or to collect her personal and health information from sources unrelated to the complaint. The internal review did not comply with the privacy principles as its collection, use and disclosure of information from StateCover and about matters not complained of by the Applicant was not reasonably necessary for the investigation. The asserted statutory exemptions and authorisations for non-compliance with the privacy principles did not apply in the circumstances of this case.

Court Disposition

Remitted to Respondent for reconsideration

Orders

  • The matter is remitted to the Respondent for reconsideration under section 65 of the Administrative Decisions Review Act 1997.
  • The reconsideration is to be completed by 29 July 2014.