FTO v Transport for NSW [2023] NSWCATAD 340

FTO v Transport for NSW [2023] NSWCATAD 340

The Tribunal found that, in accordance with Wojciechowska v Secretary, Department of Communities and Justice, it lacked jurisdiction to determine a claim for damages when the applicant is resident in another state and the claim would involve the exercise of judicial power. On the substantive privacy issues, it was...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 December 2023
Procedural Posture
Administrative Review / Final Decision After Hearing
Outcome
Damages claim withdrawn and dismissed; no further action taken on the matter.
Legal Topics
['administrative Review' 'jurisdiction' 'privacy and Personal Information Protection Act 1998 (nsw)' 'health Records and Information Privacy Act 2002 (nsw)' 'covid 19 Employment Measures' 'collection of Health Information']
['administrative Law' 'privacy Law' 'employment Law'] ['administrative Review' 'jurisdiction' 'privacy and Personal Information Protection Act 1998 (nsw)' 'health Records and Information Privacy Act 2002 (nsw)' 'covid 19 Employment Measures' 'collection of Health Information']

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Procedural Posture

Administrative Review / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether the Tribunal has jurisdiction to determine a claim for damages under s 55(2)(a) of the Privacy and Personal Information Protection Act 1998 (NSW) when the applicant is a resident of another state' "Whether the respondent collected the applicant's health information" 'Whether any request or collection of health information was for a lawful purpose directly related to the functions of the respondent' 'Whether Health Privacy Principles 1, 2, or 4 were breached']

Ratio Decidendi

The Tribunal found that, in accordance with Wojciechowska v Secretary, Department of Communities and Justice, it lacked jurisdiction to determine a claim for damages when the applicant is resident in another state and the claim would involve the exercise of judicial power. On the substantive privacy issues, it was held the respondent did not collect the applicant’s health information because the applicant refused to provide it; therefore, there was no infringement of Health Privacy Principles 1, 2 or 4. Even if the information had been collected, it would have been for a lawful purpose directly related to the employer’s functions during the COVID-19 pandemic.

Court Disposition

Damages claim withdrawn and dismissed; no further action taken on the matter.

Orders

  • ['Pursuant to s 55(1) of the NSW Civil and Administrative Tribunal Act 2013 (NSW), the claim for damages under s 55(2)(a) of the Privacy and Personal Information Protection Act 1998 (NSW) is withdrawn and dismissed.' 'No further action is taken on the matter.']