FMM v iCare NSW [2024] NSWCATAD 374

FMM v iCare NSW [2024] NSWCATAD 374

The Tribunal finds the applicant is not a 'person aggrieved' for the purposes of the PPIP Act and HRIP Act in relation to the disclosure to her of her own or others' personal and health information, as the evidence does not establish prejudicial effect or actionable breach of the relevant statutory principles. Accordingly, the Tribunal lacks jurisdiction and dismisses the application.

Parties
Applicant: FMM; Respondent: iCare NSW
Jurisdiction
Australia
Judgment Date
11 December 2024
Procedural Posture
Administrative Review / Final Merits Decision
Outcome
Application dismissed
Legal Topics
Review of Administrative Decision, Information Protection Principles (ipps), Health Privacy Principles (hpps), Standing–person Aggrieved, Disclosure of Personal Information, Data Breach, Jurisdiction
Administrative Law Privacy Law Health Law Review of Administrative Decision Information Protection Principles (ipps) Health Privacy Principles (hpps) Standing–person Aggrieved Disclosure of Personal Information +2 more

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 4 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

FMM

Applicant

iCare NSW

Respondent

Procedural Posture

Administrative Review / Final Merits Decision

Legal Issues

  1. 1 Is the applicant a 'person aggrieved' under the Privacy and Personal Information Protection Act 1998 (NSW) and Health Records and Information Privacy Act 2002 (NSW)?
  2. 2 Did the respondent breach Information Protection Principles (IPPs) or Health Privacy Principles (HPPs) in disclosing information to the applicant?
  3. 3 Does the Tribunal have jurisdiction to review the conduct complained of?

Ratio Decidendi

The Tribunal finds the applicant is not a 'person aggrieved' for the purposes of the PPIP Act and HRIP Act in relation to the disclosure to her of her own or others' personal and health information, as the evidence does not establish prejudicial effect or actionable breach of the relevant statutory principles. Accordingly, the Tribunal lacks jurisdiction and dismisses the application.

Court Disposition

Application dismissed

Orders

  • The application for review is dismissed.
  • The publication or broadcast of the name of the applicant is prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW).