FFD v Smile Excellence Dentistry [2022] NSWCATAD 42

FFD v Smile Excellence Dentistry [2022] NSWCATAD 42

The respondent breached Health Privacy Principle 7 by failing to provide the applicant with access to her health record without excessive delay and by seeking unreasonable fees, resulting in compensable financial loss to the applicant.

Source-derived case information.

Parties
Applicant: FFD; Respondent: Smile Excellence Dentistry
Jurisdiction
Australia
Judgment Date
08 February 2022
Procedural Posture
Administrative Law Application (privacy Complaint) / Final Decision
Outcome
Application allowed in part; respondent ordered to pay $27 to the applicant
Legal Topics
Health and Medical Information, Access to Health Records, Health Privacy Principle 7, Civil and Administrative Tribunal Procedure
Administrative Law Privacy Health and Medical Information Access to Health Records Health Privacy Principle 7 Civil and Administrative Tribunal Procedure

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Parties

FFD

Applicant

Smile Excellence Dentistry

Respondent

Procedural Posture

Administrative Law Application (privacy Complaint) / Final Decision

Legal Issues

  1. 1 Whether the respondent failed to comply with Health Privacy Principle 7 by failing to provide access to the applicant's health information and/or by failing to provide access without excessive delay

Ratio Decidendi

The respondent breached Health Privacy Principle 7 by failing to provide the applicant with access to her health record without excessive delay and by seeking unreasonable fees, resulting in compensable financial loss to the applicant.

Court Disposition

Application allowed in part; respondent ordered to pay $27 to the applicant

Orders

  • The respondent is to pay $27 to the applicant.