PC v Parramatta City Council [2010] NSWADT 202

PC v Parramatta City Council [2010] NSWADT 202

On the balance of evidence, and accepting the applicant's testimony as truthful, the Tribunal is satisfied that the applicant did not cause the email to be printed and that, therefore, it was caused to be printed by an officer of the respondent other than the applicant.

Parties
Applicant: PC; Respondent: Parramatta City Council; Other: Privacy Commissioner
Jurisdiction
Australia
Judgment Date
16 August 2010
Procedural Posture
Application Under Health Records and Information Privacy Act 2002 / Preliminary Determination on Liability; Further Directions Pending
Outcome
Preliminary fact found in applicant's favour; matter listed for further directions.
Legal Topics
Health Records, Information Privacy, Circumstantial Evidence
Privacy Law Employment Law Health Records Information Privacy Circumstantial Evidence

Case Brief

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Parties

PC

Applicant

Parramatta City Council

Respondent

Privacy Commissioner

Other

Procedural Posture

Application Under Health Records and Information Privacy Act 2002 / Preliminary Determination on Liability; Further Directions Pending

Legal Issues

  1. 1 Whether an officer of the respondent, other than the applicant, was responsible for causing the printing of an email containing the applicant’s health information
  2. 2 Whether breach of Health Records and Information Privacy Act 2002 is attributable to the respondent's conduct

Ratio Decidendi

On the balance of evidence, and accepting the applicant's testimony as truthful, the Tribunal is satisfied that the applicant did not cause the email to be printed and that, therefore, it was caused to be printed by an officer of the respondent other than the applicant.

Court Disposition

Preliminary fact found in applicant's favour; matter listed for further directions.

Orders

  • The email in question was caused to be printed by an officer employed by the respondent, other than the applicant.
  • The proceedings are listed for further directions on 19 August 2010 at 11:00 am.