Health Alert (Australia) - 3 February 2014


In This Issue:

Judgments, Legislation, and Reports.

- Excerpt from Judgments:

New South Wales (NSW) -

28 January 2014 - ALL v Sydney Local Health District [2014] NSWCATAD -

The applicant sought review of the respondent's conduct, asserting it breached health privacy principles under the Health Records and Information Privacy Act 2002 regarding "use" and "retention and security" of his health information.

Under the Mental Health Act 1990, the applicant was involuntarily admitted to the respondent's psychiatric unit, having been brought in by police who noted on pro forma documentation he had stated two men with firearms were trying to get him. A psychiatrist provisionally assessed him as "delusional and paranoid." He was later assessed by another psychiatrist, and upon discharge a nurse recorded diagnosis of "delusional ideation" and the administrative clinical coder noted paranoia and acute psychiatric disorder. Upon request for his medical records, the applicant was advised the second psychiatrist's discharge summary was missing...

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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