AOZ v Rail Corporation NSW (No 2) [2015] NSWCATAP 179

AOZ v Rail Corporation NSW (No 2) [2015] NSWCATAP 179

RailCorp contravened HPP 4(2) by collecting the appellant's medical records from third parties without taking reasonable steps to make her generally aware of the required matters. Although there was no independent expert evidence of psychological harm, the Tribunal accepted the appellant suffered emotional distress...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 August 2015
Procedural Posture
Appeal Panel Proceeding Concerning Review of Conduct in Relation to Health Information Privacy / Final Orders After Appeal Was Extended to the Merits and a Contravention of Health Privacy Principle 4(2) Was Found
Outcome
The Tribunal ordered RailCorp to pay financial compensation and provide a formal written apology to the appellant.
Legal Topics
['health Privacy Principle 4(2)' 'collection of Health Information From Third Parties' 'workers Compensation Medical Records' 'financial Compensation for Privacy Contravention' 'apology as Ancillary Order']
['privacy Law' 'administrative Law' 'health Information' 'workers Compensation'] ['health Privacy Principle 4(2)' 'collection of Health Information From Third Parties' 'workers Compensation Medical Records' 'financial Compensation for Privacy Contravention' 'apology as Ancillary Order']

Source-derived case record

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Procedural Posture

Appeal Panel Proceeding Concerning Review of Conduct in Relation to Health Information Privacy / Final Orders After Appeal Was Extended to the Merits and a Contravention of Health Privacy Principle 4(2) Was Found

Legal Issues

  1. 1 ['What order should be made after the finding that RailCorp contravened HPP 4(2) by not taking reasonable steps to make the appellant generally aware of matters listed in HPP 4(1).' 'Whether the appellant should receive financial compensation under s 55(2)(a) of the Privacy and Personal Information Protection Act 1998 for distress and harm caused by the contravening conduct.' "Whether further behavioural or systemic orders should be made in light of RailCorp's changes to workers compensation privacy practices." 'Whether RailCorp should provide a formal apology for the contravention.']

Ratio Decidendi

RailCorp contravened HPP 4(2) by collecting the appellant's medical records from third parties without taking reasonable steps to make her generally aware of the required matters. Although there was no independent expert evidence of psychological harm, the Tribunal accepted the appellant suffered emotional distress and harm because of that contravening conduct, while also recognising that her distress extended beyond the contravention and that some HPP 4(2) information would or should reasonably have been known to her. In those circumstances, and given RailCorp's systemic changes, the appropriate orders were $4,000 financial compensation and a formal written apology, but not the further...

Court Disposition

The Tribunal ordered RailCorp to pay financial compensation and provide a formal written apology to the appellant.

Orders

  • ['That the respondent pay the appellant $4000 by way of financial compensation for the contravention found.' 'That the respondent render a formal apology in writing to the appellant for the distress caused to her by its contravention.']