EQH v Health Administration Corporation [2021] NSWCATAD 215

EQH v Health Administration Corporation [2021] NSWCATAD 215

It is desirable to make confidentiality and suppression orders under s. 64(1)(a), (c), and (d) of the Civil and Administrative Tribunal Act 2013 because the Confidential Information, if disclosed, would breach personal privacy, potentially prejudice agency investigations, and be subject to an overriding public...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
26 July 2021
Procedural Posture
Merits Review Application / Interlocutory Application for Confidentiality/suppression Orders
Outcome
Orders made
Legal Topics
['confidentiality Orders' 'information Protection Principles' 'suppression of Personal Information' 'open Justice' 'government Information Access']
['privacy' 'administrative Law'] ['confidentiality Orders' 'information Protection Principles' 'suppression of Personal Information' 'open Justice' 'government Information Access']

Source-derived case record

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

Merits Review Application / Interlocutory Application for Confidentiality/suppression Orders

Legal Issues

  1. 1 ['Whether confidentiality/suppression orders should be made restraining disclosure and publication of certain evidence and statements under s. 64 Civil and Administrative Tribunal Act 2013 (NSW)' 'Whether such orders are desirable given the principle of open justice and public interest against disclosure']

Ratio Decidendi

It is desirable to make confidentiality and suppression orders under s. 64(1)(a), (c), and (d) of the Civil and Administrative Tribunal Act 2013 because the Confidential Information, if disclosed, would breach personal privacy, potentially prejudice agency investigations, and be subject to an overriding public interest against disclosure under the GIPA Act. The principle of open justice and procedural fairness is maintained as the applicant has been informed of the substance of the allegations and will not be deprived of the opportunity to present her case.

Court Disposition

Orders made

Orders

  • ['An order pursuant to s. 64(1)(a) of the Civil and Administrative Tribunal Act 2013 prohibiting the disclosure of the names of the employee and of the witness.' "An order pursuant to s. 64(1)(c) of the Civil and Administrative Tribunal Act prohibiting the publication of the confidential matters contained in the...