QB v Greater Southern Area Health Service No 2 [2011] NSWADT 162

The agency must amend its policy and provide staff training to ensure compliance with HPPs regarding health information collection, use, and disclosure, remedying the breaches found in the earlier decision.

Jurisdiction: Australia
Judgment Date: 04 July 2011
Procedural Posture: Privacy Remedy Application / Final Determination on the Papers
Outcome: Remedy orders granted for policy review and staff training; no order as to costs.
Legal Topics: ['health Privacy Principles' 'health Records' 'privacy and Personal Information Protection' 'mental Health Information']

['privacy Law' 'health Law'] ['health Privacy Principles' 'health Records' 'privacy and Personal Information Protection' 'mental Health Information']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Privacy Remedy Application / Final Determination on the Papers

Legal Issues

1 ['Compliance of agency policy with Health Privacy Principles (HPPs)' 'Collection, use, and disclosure of health information by an agency' 'Training of mental health workers regarding HPP protections']

Ratio Decidendi

Court Disposition

Remedy orders granted for policy review and staff training; no order as to costs.

Orders

["Within 90 days the agency shall review and reissue its Health Intake and Triage Policy so that the policy provides specific directions, compliant with the HPPs regarding: the circumstances in which health information about a person can be collected from third parties and in particular the agency's obligations...