LB v Lattimore [2010] NSWADT 122

LB v Lattimore [2010] NSWADT 122

The Tribunal does not have jurisdiction because the applicant's complaint was not the subject of a report by the Privacy Commissioner under section 47 of the Health Records and Information Privacy Act 2002.

Parties
Applicant: LB; Respondent: Dr Glenda Lattimore
Jurisdiction
Australia
Judgment Date
26 May 2010
Procedural Posture
Original Application / Jurisdiction Determination
Outcome
Application dismissed for want of jurisdiction
Legal Topics
Health Privacy Principles, Jurisdiction, Private Sector Persons
Privacy Law Health Law Health Privacy Principles Jurisdiction Private Sector Persons

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Parties

LB

Applicant

Dr Glenda Lattimore

Respondent

Procedural Posture

Original Application / Jurisdiction Determination

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to hear and determine the applicant's complaint under section 48(1) of the Health Records and Information Privacy Act 2002

Ratio Decidendi

The Tribunal does not have jurisdiction because the applicant's complaint was not the subject of a report by the Privacy Commissioner under section 47 of the Health Records and Information Privacy Act 2002.

Court Disposition

Application dismissed for want of jurisdiction

Orders

  • The Tribunal does not have jurisdiction to hear and determine this application.