JD v NSW Medical Board (No.2) [2006] NSWADT 345

JD v NSW Medical Board (No.2) [2006] NSWADT 345

The Tribunal was satisfied that there was a causal link between JD learning that Dr Samuels' Report had been disclosed to the Pharmaceutical Services Branch and an aspect of his depression and anxiety, including recommencement of anti-depressants. However, the Board's conduct was only one of many contributing stressors, and JD did not prove financial loss, treatment costs, medication costs, or other expenses with sufficient evidence. A discretionary compensatory award of $7,500 was appropriate for the financial loss and psychological harm caused by the Board's conduct, while further apology, procedural, costs, and expense orders were not warranted.

Jurisdiction
Australia
Judgment Date
05 December 2006
Procedural Posture
Application Pursuant to Section 55 of the Privacy and Personal Information Protection Act 1998 for Review of Conduct by a Public Sector Agency / Further Hearing on Appropriate Orders After Contraventions of Sections 18(1) and 19(1) Were Found
Outcome
Application for damages allowed in part; NSW Medical Board ordered to pay JD $7,500; other requested relief declined.
Legal Topics
['information Protection Principles' 'disclosure of Personal Information to a Third Party' 'damages for Psychological Harm' 'costs in Administrative Decisions Tribunal Proceedings']
['privacy Law' 'administrative Law'] ['information Protection Principles' 'disclosure of Personal Information to a Third Party' 'damages for Psychological Harm' 'costs in Administrative Decisions Tribunal Proceedings']

Case Brief

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Procedural Posture

Application Pursuant to Section 55 of the Privacy and Personal Information Protection Act 1998 for Review of Conduct by a Public Sector Agency / Further Hearing on Appropriate Orders After Contraventions of Sections 18(1) and 19(1) Were Found

Legal Issues

  1. 1 ["Whether JD suffered financial loss or psychological harm because of the NSW Medical Board's disclosure of his personal information to the Pharmaceutical Services Branch" 'Whether damages should be awarded under section 55(2)(a) of the Privacy and Personal Information Protection Act 1998 and, if so, in what amount' "Whether JD should receive reimbursement of expenses for Dr Brash's report and attendance as a witness" 'Whether the NSW Medical Board should be ordered to publish an apology or take further remedial steps']

Ratio Decidendi

The Tribunal was satisfied that there was a causal link between JD learning that Dr Samuels' Report had been disclosed to the Pharmaceutical Services Branch and an aspect of his depression and anxiety, including recommencement of anti-depressants. However, the Board's conduct was only one of many contributing stressors, and JD did not prove financial loss, treatment costs, medication costs, or other expenses with sufficient evidence. A discretionary compensatory award of $7,500 was appropriate for the financial loss and psychological harm caused by the Board's conduct, while further apology, procedural, costs, and expense orders were not warranted.

Court Disposition

Application for damages allowed in part; NSW Medical Board ordered to pay JD $7,500; other requested relief declined.

Orders

  • ['Pursuant to section 55(2)(a) of the Privacy and Personal Information Protection Act 1998, the NSW Medical Board is pay to the applicant damages of $7,500.' 'Each party should bear its own costs.']