FHP v Baig Medical Services Pty Ltd [2024] NSWCATAD 280

FHP v Baig Medical Services Pty Ltd [2024] NSWCATAD 280

Baig Medical Services Pty Ltd is not a health service provider within the meaning of s 11 of the HRIP Act; it merely arranged for Dr Baig to provide services to patients of other health service providers and did not hold or use the applicant’s health information. Accordingly, the Tribunal has determined to take no action against Baig Medical Services Pty Ltd and the complaint is not substantiated as against it under the HRIP Act.

Parties
Applicant: FHP; Respondent: Baig Medical Services Pty Ltd
Jurisdiction
Australia
Judgment Date
20 September 2024
Procedural Posture
Inquiry Under Health Records and Information Privacy Act 2002 (nsw) / Final Decision
Outcome
No action taken against Baig Medical Services Pty Ltd
Legal Topics
Health Records Access, Private Sector Health Service Provider Status, Obligations Under HRIP Act, Small Business Operator Exemptions
Privacy Law Health Law Administrative Law Health Records Access Private Sector Health Service Provider Status Obligations Under HRIP Act Small Business Operator Exemptions

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Parties

FHP

Applicant

Baig Medical Services Pty Ltd

Respondent

Procedural Posture

Inquiry Under Health Records and Information Privacy Act 2002 (nsw) / Final Decision

Legal Issues

  1. 1 Whether Baig Medical Services Pty Ltd is a 'health service provider' under s 4 of the HRIP Act
  2. 2 Whether Baig Medical Services Pty Ltd held, collected, or used health information relevant to the complaint
  3. 3 Whether the applicant's requests or the Privacy Commissioner's directions were addressed to a proper legal entity susceptible of liability under ss 27 and 59 HRIP Act

Ratio Decidendi

Baig Medical Services Pty Ltd is not a health service provider within the meaning of s 11 of the HRIP Act; it merely arranged for Dr Baig to provide services to patients of other health service providers and did not hold or use the applicant’s health information. Accordingly, the Tribunal has determined to take no action against Baig Medical Services Pty Ltd and the complaint is not substantiated as against it under the HRIP Act.

Court Disposition

No action taken against Baig Medical Services Pty Ltd

Orders

  • The Tribunal will take no action in the matter insofar as it concerns Baig Medical Services Pty Ltd