DKV v Southern NSW Local Health District [2019] NSWCATAD 12

DKV v Southern NSW Local Health District [2019] NSWCATAD 12

The Tribunal found that, except as conceded by the respondent (breach of HPP 11 by provision of report to the wrong GP and breach of HPP 4 by failing to inform applicant about the purpose for collecting information and to whom it may be disclosed), there were no further breaches of the Health Privacy Principles. The Tribunal lacked jurisdiction to consider alleged breach of HPP 2 as it was not raised in the applicant's internal complaint and review, and found no breach of HPP 9 or further breach of HPP 11 in disclosure to the treating GP, as this was within the primary purpose of collection. Accordingly, the Tribunal decided to take no action in respect of conduct other than that conceded...

Jurisdiction
Australia
Judgment Date
08 January 2019
Procedural Posture
Administrative Review / Decision Following Hearing on the Papers of Preliminary Question of Liability; Compensation to Be Determined Later
Outcome
No action taken except for conceded breaches; further consideration reserved to compensation for conceded breaches.
Legal Topics
['health Privacy Principles' 'jurisdiction of Tribunal' 'collection and Disclosure of Health Information' 'remedies for Breaches of Privacy']
['administrative Law' 'privacy Law' 'health Law'] ['health Privacy Principles' 'jurisdiction of Tribunal' 'collection and Disclosure of Health Information' 'remedies for Breaches of Privacy']

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Procedural Posture

Administrative Review / Decision Following Hearing on the Papers of Preliminary Question of Liability; Compensation to Be Determined Later

Legal Issues

  1. 1 ['Whether there was a breach of Health Privacy Principle (HPP) 2 (collection)' 'Whether there was a breach of HPP 4 (collection - information provision)' 'Whether there was a breach of HPP 9 (accuracy and use)' 'Whether there was a breach of HPP 11 (disclosure)' 'Whether the Tribunal has jurisdiction to determine alleged breach of HPP 2']

Ratio Decidendi

The Tribunal found that, except as conceded by the respondent (breach of HPP 11 by provision of report to the wrong GP and breach of HPP 4 by failing to inform applicant about the purpose for collecting information and to whom it may be disclosed), there were no further breaches of the Health Privacy Principles. The Tribunal lacked jurisdiction to consider alleged breach of HPP 2 as it was not raised in the applicant's internal complaint and review, and found no breach of HPP 9 or further breach of HPP 11 in disclosure to the treating GP, as this was within the primary purpose of collection. Accordingly, the Tribunal decided to take no action in respect of conduct other than that conceded...

Court Disposition

No action taken except for conceded breaches; further consideration reserved to compensation for conceded breaches.

Orders

  • ['The Tribunal decides to take no action in respect of conduct other than that which the respondent conceded involves a breach of the HPPs.']