EOC v Crowe [2021] NSWCATAD 335

EOC v Crowe [2021] NSWCATAD 335

Dr Crowe was not required to provide her response to the Health Care Complaints Commission to EOC because, under the Health Care Complaints Act 1993 s99A and relevant exceptions in the Health Records and Information Privacy Act 2002, such disclosure could constitute an offence and is not mandated by the privacy legislation given Dr Crowe's request for confidentiality.

Jurisdiction
Australia
Judgment Date
11 November 2021
Procedural Posture
Administrative Review / Final Decision
Outcome
Application dismissed
Legal Topics
['health Information' 'access to Records' 'health Privacy Principles' 'exceptions to Access to Information']
['privacy' 'health Law' 'administrative Law'] ['health Information' 'access to Records' 'health Privacy Principles' 'exceptions to Access to Information']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 ['Whether Dr Crowe is required to provide EOC with a copy of her response to the Health Care Complaints Commission under the Health Records and Information Privacy Act 2002 (NSW)']

Ratio Decidendi

Dr Crowe was not required to provide her response to the Health Care Complaints Commission to EOC because, under the Health Care Complaints Act 1993 s99A and relevant exceptions in the Health Records and Information Privacy Act 2002, such disclosure could constitute an offence and is not mandated by the privacy legislation given Dr Crowe's request for confidentiality.

Court Disposition

Application dismissed

Orders

  • ['The Tribunal decides to take no action in respect of conduct of Dr Crowe.']