LN v Sydney South West Area Health Service [2009] NSWADT 278

LN v Sydney South West Area Health Service [2009] NSWADT 278

The Tribunal had jurisdiction only over the complaint concerning Ms Jan Whalan's correspondence of 30 January 2009 because that matter was the subject of the April 2009 internal review application and was within time. The remaining allegations were outside jurisdiction because they were not part of the internal...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 September 2009
Procedural Posture
Application for Review of Conduct Under the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002 / Preliminary Jurisdiction Issue
Outcome
Application dismissed in part for want of jurisdiction; Tribunal retained jurisdiction only over the complaint concerning Ms Jan Whalan's 30 January 2009 correspondence.
Legal Topics
['information Privacy Principles' 'health Privacy Principles' 'internal Review' 'tribunal Jurisdiction' 'application Out of Time' 'appointment of Representative']
['privacy Law' 'health Privacy' 'administrative Law'] ['information Privacy Principles' 'health Privacy Principles' 'internal Review' 'tribunal Jurisdiction' 'application Out of Time' 'appointment of Representative']

Source-derived case record

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Procedural Posture

Application for Review of Conduct Under the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002 / Preliminary Jurisdiction Issue

Legal Issues

  1. 1 ['Whether the Tribunal had jurisdiction to consider allegations not included in the application for internal review.' 'Whether allegations concerning Mr Robert Harding, Mr Chris Leahy and Dr George Nossar were out of time because LN became aware of the alleged conduct more than 6 months before lodging the internal review application.' "Whether the Tribunal had jurisdiction over allegations raised in LN's 3 June 2009 letter." 'Whether the Tribunal had jurisdiction over the complaint concerning correspondence sent by Ms Jan Whalan to LN on 30 January 2009.']

Ratio Decidendi

The Tribunal had jurisdiction only over the complaint concerning Ms Jan Whalan's correspondence of 30 January 2009 because that matter was the subject of the April 2009 internal review application and was within time. The remaining allegations were outside jurisdiction because they were not part of the internal review application, arose from the 3 June 2009 purported amendment in circumstances that did not bring them within jurisdiction, did not amount to reviewable conduct, or, in relation to Mr Robert Harding, Mr Chris Leahy and Dr George Nossar, concerned conduct of which LN was found to have become aware before the 3 September 2008 application and therefore more than 6 months before...

Court Disposition

Application dismissed in part for want of jurisdiction; Tribunal retained jurisdiction only over the complaint concerning Ms Jan Whalan's 30 January 2009 correspondence.

Orders

  • ["The Tribunal has jurisdiction to hear that part of LN's Application that is made in respect of the correspondence sent by Ms Jan Whalan to LN on 30 January 2009." 'The remainder of the Application is dismissed for want of jurisdiction.']