AQO v Gregory Pearce MLC [2014] NSWCATAD 210

AQO v Gregory Pearce MLC [2014] NSWCATAD 210

The accounts kept for the expenses of the Minister's Office were directly connected with the Minister's functions and were accounts with respect to which the Auditor-General probably had powers. By paragraph (d) of the definition of public sector agency, the Minister was therefore a public sector agency for the purposes of the PPIP Act and HRIP Act, so the Tribunal had jurisdiction. Because the Respondent had declined to undertake an internal review on the basis that the Minister was not a public sector agency, the matter was remitted for that determination.

Jurisdiction
Australia
Judgment Date
03 December 2014
Procedural Posture
Application for Review Under the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002 / Preliminary Determination on Jurisdiction on the Papers
Outcome
The Tribunal held that it had jurisdiction and remitted the matter for determination by the Respondent.
Legal Topics
['tribunal Jurisdiction' 'public Sector Agency Definition' 'minister of the Crown' 'internal Review' 'use and Disclosure of Health Information']
['administrative Law' 'privacy Law' 'health Records and Information Privacy'] ['tribunal Jurisdiction' 'public Sector Agency Definition' 'minister of the Crown' 'internal Review' 'use and Disclosure of Health Information']

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Procedural Posture

Application for Review Under the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002 / Preliminary Determination on Jurisdiction on the Papers

Legal Issues

  1. 1 ['Whether the Tribunal had jurisdiction to hear and determine the matter where the Respondent was a Minister of the Crown.' 'Whether the Minister was a public sector agency for the purposes of the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002.' "Whether accounts kept for the Minister's Office were accounts kept in relation to the Minister's functions and with respect to which the Auditor-General had powers."]

Ratio Decidendi

The accounts kept for the expenses of the Minister's Office were directly connected with the Minister's functions and were accounts with respect to which the Auditor-General probably had powers. By paragraph (d) of the definition of public sector agency, the Minister was therefore a public sector agency for the purposes of the PPIP Act and HRIP Act, so the Tribunal had jurisdiction. Because the Respondent had declined to undertake an internal review on the basis that the Minister was not a public sector agency, the matter was remitted for that determination.

Court Disposition

The Tribunal held that it had jurisdiction and remitted the matter for determination by the Respondent.

Orders

  • ['The Tribunal therefore has jurisdiction to hear and determine this matter.' 'The matter is remitted for determination by the Respondent.' 'The determination is to be completed within 28 days of the date of this decision.' 'The matter is listed for a further planning meeting on 13 January 2015 at 11.30 am.']