BZX v Western Sydney Local Health District,; BZY v Western Sydney Local Health District;; BZZ v Western Sydney Local Health District [2015] NSWCATAD 210

BZX v Western Sydney Local Health District,; BZY v Western Sydney Local Health District;; BZZ v Western Sydney Local Health District [2015] NSWCATAD 210

The Nurse accessed the applicants' health information contrary to the Health District's policy and for his own private purposes, and provided information to the Family Court and Child Support Agency for purposes extraneous to the agency. On the authority of Director General, Department of Education and Training v MT, that conduct was not attributable to the Health District. Accordingly, the Health District did not contravene HPP 10 or HPP 11. The same reasoning applied to any alleged disclosure of information to the Nurse by another staff member for a purpose extraneous to the agency.

Jurisdiction
Australia
Judgment Date
15 October 2015
Procedural Posture
Applications for Review of Conduct Concerning Alleged Breaches of Health Privacy Principles / On the Papers; Principal Judgment on Liability for Alleged Breaches of Health Privacy Principle 10 and Health Privacy Principle 11, With Remaining Issues to Be Determined
Outcome
The respondent was found not to have contravened Health Privacy Principle 10 or Health Privacy Principle 11. Remaining issues concerning Health Privacy Principle 5 and possible remedies were left to be determined.
Legal Topics
['health Privacy Principle 10' 'health Privacy Principle 11' 'health Privacy Principle 5' 'use and Disclosure of Health Information' 'attribution of Employee Conduct to Agency' 'security of Health Information' 'confidentiality Orders' 'merits Review and Party Concessions']
['privacy Law' 'health Records and Information Privacy' 'administrative Law'] ['health Privacy Principle 10' 'health Privacy Principle 11' 'health Privacy Principle 5' 'use and Disclosure of Health Information' 'attribution of Employee Conduct to Agency' 'security of Health Information' 'confidentiality Orders' 'merits Review and Party Concessions']

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Procedural Posture

Applications for Review of Conduct Concerning Alleged Breaches of Health Privacy Principles / On the Papers; Principal Judgment on Liability for Alleged Breaches of Health Privacy Principle 10 and Health Privacy Principle 11, With Remaining Issues to Be Determined

Legal Issues

  1. 1 ["Whether the respondent contravened Health Privacy Principle 10 when its employee accessed the applicants' health information for personal purposes." 'Whether the respondent contravened Health Privacy Principle 11 by disclosure of health information to the Child Support Agency and the Family Court.' "Whether an employee's access, use or disclosure of health information for private purposes extraneous to the agency is conduct attributable to the agency." "Whether publication of the applicants' names should be prohibited in privacy proceedings." "Whether the Tribunal is bound by the respondent's concession that it breached Health Privacy Principle 5."]

Ratio Decidendi

The Nurse accessed the applicants' health information contrary to the Health District's policy and for his own private purposes, and provided information to the Family Court and Child Support Agency for purposes extraneous to the agency. On the authority of Director General, Department of Education and Training v MT, that conduct was not attributable to the Health District. Accordingly, the Health District did not contravene HPP 10 or HPP 11. The same reasoning applied to any alleged disclosure of information to the Nurse by another staff member for a purpose extraneous to the agency.

Court Disposition

The respondent was found not to have contravened Health Privacy Principle 10 or Health Privacy Principle 11. Remaining issues concerning Health Privacy Principle 5 and possible remedies were left to be determined.

Orders

  • ['The respondent has not contravened Health Privacy Principle 10 or Health Privacy Principle 11.' 'The proceedings are listed for a planning meeting on 17 November 2015 at 11:30am.' 'Publication of the names of the applicants in proceedings 1510230, 1510231 and 1510232 is prohibited under s 64(1)(a) of the Civil and...