ALZ v SafeWork NSW [2016] NSWCATAD 156 | Case summary

Judgment (2 paragraphs)

[1]

REASONS FOR DECISION

The Applicant brought this application requesting that I disqualify myself from further dealing with three of her applications. The Respondent in each of these matters is SafeWork NSW. I am not aware of whether or not the Respondent has been advised of this request but in any event it is not necessary for the Respondent to oppose or agree with an application of this nature.
The Applicant's application that I recuse myself arises from my recent decision in matter number 133158. The Applicant wrote: "I apprehend, after reading the reasons for your decision in ALZ v SafeWork NSW (No 2) [2016] NSWCATAD 121, that you did not bring an impartial and unprejudiced mind to the resolution of the issues and I consider that a fair-minded lay observer would agree."
Her application is said to be based on unattributed or wrongly attributed submissions and a failure to refer to her submissions.
In ALZ v SafeWork NSW (No 2) [2016] NSWCATAD 121 ("ALZ v SafeWork (No 2)") the Applicant alleged that the Respondent's conduct contravened several of the Health Privacy Principles ("HPPs") of the Health Records and Information Privacy Act 2002 ("HRIP Act") and also several of the Information Protection Principles ("IPPs") of the Privacy and Personal Information Protection Act 1998 ("PPIP Act"). The conduct which was the subject of her complaint concerns a medical report prepared in relation to a workers compensation claim that she had brought against her employer. The Respondent obtained a copy of the medical report from the Applicant's employer. She alleged breaches of HPPs and IPPs by one of the Respondent's Inspectors in relation to the medical report.
The Respondent conceded breaches of several IPPs and HPPs. It accepted that its conduct breached the following provisions of the HRIP Act and the PPIP Act:

DECISION

The Applicant's application that I disqualify myself from further dealing with her applications is refused.
The matters are relisted for further directions at 9.30 am on 29 August 2016. I hereby certify that this is a true and accurate record of the reasons for decision of the Civil and Administrative Tribunal of New South Wales. Registrar DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 15 July 2016

ALZ v SafeWork NSW

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