Black v Hunter New England Local Health District & Dr Lattimore (No 2) [2012] NSWADT 235

Black v Hunter New England Local Health District & Dr Lattimore (No 2) [2012] NSWADT 235

Disclosure of personal and health information about the applicant (including information already known to the applicant and opinions concerning him) did not, on balance, raise overriding public interest considerations against disclosure. However, disclosure of third party identifiers, contact details, and information provided in confidence was subject to an overriding public interest against disclosure. The correct and preferred decision is to grant partial access to applicant as specified, and refuse access to the remainder.

Parties
Applicant: Phillip Black; First Respondent: Hunter New England Local Health District; Second Respondent: Glenda Lattimore
Jurisdiction
Australia
Judgment Date
12 November 2012
Procedural Posture
Review of Agency Decision (government Information Access) / Final Judgment
Outcome
Agency's decision varied and set aside in part; applicant granted access in part and refused access to remaining information.
Legal Topics
Access to Government Information, Personal and Health Information, Public Interest Override, Confidentiality in Health Services
Administrative Law Privacy Law Health Law Access to Government Information Personal and Health Information Public Interest Override Confidentiality in Health Services

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Parties

Phillip Black

Applicant

Hunter New England Local Health District

First Respondent

Glenda Lattimore

Second Respondent

Procedural Posture

Review of Agency Decision (government Information Access) / Final Judgment

Legal Issues

  1. 1 Whether applicant is entitled to access personal and health information in Triage report and Dr Lattimore's report under Government Information (Public Access) Act 2009
  2. 2 Whether public interest considerations against disclosure outweigh public interest in favour of disclosure
  3. 3 Application of information protection principles and health privacy principles

Ratio Decidendi

Disclosure of personal and health information about the applicant (including information already known to the applicant and opinions concerning him) did not, on balance, raise overriding public interest considerations against disclosure. However, disclosure of third party identifiers, contact details, and information provided in confidence was subject to an overriding public interest against disclosure. The correct and preferred decision is to grant partial access to applicant as specified, and refuse access to the remainder.

Court Disposition

Agency's decision varied and set aside in part; applicant granted access in part and refused access to remaining information.

Orders

  • The decision of the agency in regard to the deleted information in the Triage report, of 23 December 2005, is varied in accordance with paragraph 119 of these reasons for decision.
  • The decision of the agency in regard to the information in Dr Lattimore's report, dated 30 December 2005, is set aside and in substitution thereof a decision that the applicant be: (a) granted access, in part, in accordance with paragraph 120 and 121 of these reasons for decision, with a copy of the personal...