FTD v NSW Ambulance [2024] NSWCATAD 283

FTD v NSW Ambulance [2024] NSWCATAD 283

The Tribunal determined that NSW Ambulance did not breach the Privacy and Personal Information Protection Act 1998 (NSW), having found that all personal information sought was ultimately provided, no further information was held, reasonable searches were conducted, and there was no excessive delay attributable to the respondent. The Tribunal further found that the information was lawfully collected, and there was no unlawful collection, use, or disclosure in breach of the Act. The file notes and evaluation forms were not collected or used in breach of the Act, nor was their disclosure to the University of Tasmania impermissible under s 18. The Tribunal lacks jurisdiction to review merits...

Parties
Applicant: FTD; Respondent: NSW Ambulance
Jurisdiction
Australia
Judgment Date
02 October 2024
Procedural Posture
Administrative Review / Final Determination After Hearing
Outcome
Application dismissed; reviewable decision affirmed; no further action to be taken.
Legal Topics
Personal Information, Solicitation of Personal Information, Collection of Personal Information, Lawful Purpose of Collection, Disclosure Within an Agency, Confidential Information, Access to Personal Information, Internal Review, Reasonable Searches, Excessive Delay, Accuracy of Information, Use and Disclosure of Information
Administrative Law Privacy Law Personal Information Solicitation of Personal Information Collection of Personal Information Lawful Purpose of Collection Disclosure Within an Agency Confidential Information +6 more

Case Brief

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Parties

FTD

Applicant

NSW Ambulance

Respondent

Procedural Posture

Administrative Review / Final Determination After Hearing

Legal Issues

  1. 1 Whether NSW Ambulance breached the Privacy and Personal Information Protection Act 1998 (NSW) in its collection, use, and disclosure of the applicant's personal information; whether there was excessive delay or failure to conduct reasonable searches in providing access to personal information; whether the file notes and evaluation forms were collected and used lawfully, were accurate, and whether their disclosure to the University of Tasmania contravened the Act.

Ratio Decidendi

The Tribunal determined that NSW Ambulance did not breach the Privacy and Personal Information Protection Act 1998 (NSW), having found that all personal information sought was ultimately provided, no further information was held, reasonable searches were conducted, and there was no excessive delay attributable to the respondent. The Tribunal further found that the information was lawfully collected, and there was no unlawful collection, use, or disclosure in breach of the Act. The file notes and evaluation forms were not collected or used in breach of the Act, nor was their disclosure to the University of Tasmania impermissible under s 18. The Tribunal lacks jurisdiction to review merits...

Court Disposition

Application dismissed; reviewable decision affirmed; no further action to be taken.

Orders

  • The respondent's reviewable decision is affirmed pursuant to s 63(3)(a) of the Administrative Decisions Review Act 1997.
  • Pursuant to s 55(2) of the Privacy and Personal Information Protection Act 1998, the Tribunal decides to take no further action.