The ADT (NZ v Health Care Complaints Commission (2006) NSWADT 111) found no breach of privacy principles when the Commission, acting in response to a letter from NZ, informed the nurse complained about (NZ's sister) , that NZ had made a complaint about her. The Tribunal was satisfied that the Health Care Complaints Act required the Commission to inform the person concerned after a complaint had been recieved even though NZ had indicated that the information was provided on a confidential basis and the Commission decided not to investigate.
Perhaps as a result of this case the decision indicates that the Commission has changed its procedures to ensure that a person providing information fully understands the disclosure requirements before acting on a complaint.
The ADT may be coming to know NZ well as there were 7 cases involving a party identified in this way in the ADT last year!
This blog takes an interest in issues associated with Freedom of Information (FOI) and privacy legislation in Australia. Information contained on this site is general in nature and does not constitute legal advice. Follow Peter Timmins on Twitter: @foiguru Follow the open government cause through the Australian Open Government Partnership Network. www.opengovernment.org.au and @opengovau
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