Uddin -v- Chief Executive Officer, South Eastern Sydney Area Health Service and Anor [2002] NSWADT 228

Uddin -v- Chief Executive Officer, South Eastern Sydney Area Health Service and Anor [2002] NSWADT 228

The medical and personal information withheld from documents 67 and 13 concerned Ms Cardenas-Gerard's personal affairs, had been provided in a hospital context, was not consented to, and its disclosure would be unreasonable. The date and time of the baby's birth in document 67 concerned personal affairs but disclosure was reasonable because Ms Cardenas-Gerard did not object. Document 2 contained personal information about the baby and Ms Cardenas-Gerard, did not contain information concerning the applicant, and the applicant's status as the baby's father did not make disclosure reasonable. No special or overriding circumstances justified disclosure of the exempt information.

Jurisdiction
Australia
Judgment Date
07 November 2002
Procedural Posture
Freedom of Information Access to Documents Review / Principal Matter
Outcome
Agency decision affirmed in relation to documents 13 and 2, and affirmed in relation to document 67 except for the information recording the date and time of birth of the baby, for which the agency's decision was set aside.
Legal Topics
['access to Documents' 'personal Affairs Exemption' 'hospital Records' 'unreasonable Disclosure' 'overriding Discretion to Disclose Exempt Documents']
['administrative Law' 'freedom of Information' 'privacy'] ['access to Documents' 'personal Affairs Exemption' 'hospital Records' 'unreasonable Disclosure' 'overriding Discretion to Disclose Exempt Documents']

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Procedural Posture

Freedom of Information Access to Documents Review / Principal Matter

Legal Issues

  1. 1 ['Whether information deleted from documents 67 and 13, and the entirety of document 2, was exempt because disclosure would involve the unreasonable disclosure of information concerning personal affairs under Clause 6 of Schedule 1 to the Freedom of Information Act 1989.' 'Whether exempt matter could practicably be deleted and access granted to the balance of any document.' 'Whether any special or overriding circumstances justified disclosure notwithstanding exemption.' "Whether the applicant's status as the baby's father made disclosure of document 2 reasonable."]

Ratio Decidendi

The medical and personal information withheld from documents 67 and 13 concerned Ms Cardenas-Gerard's personal affairs, had been provided in a hospital context, was not consented to, and its disclosure would be unreasonable. The date and time of the baby's birth in document 67 concerned personal affairs but disclosure was reasonable because Ms Cardenas-Gerard did not object. Document 2 contained personal information about the baby and Ms Cardenas-Gerard, did not contain information concerning the applicant, and the applicant's status as the baby's father did not make disclosure reasonable. No special or overriding circumstances justified disclosure of the exempt information.

Court Disposition

Agency decision affirmed in relation to documents 13 and 2, and affirmed in relation to document 67 except for the information recording the date and time of birth of the baby, for which the agency's decision was set aside.

Orders

  • ["In relation to document 67, the agency's decision is affirmed except in relation to the information recording the date and time of birth of the baby. The agency's decision in relation to that information is set aside." "In relation to document 13, the agency's decision is affirmed." "In relation to document 2, the...