NSW Submitting NCAT Evidence for Privacy Breach?

[Jimminy]

Hi there.

I need to submit evidence to NCAT for a privacy breach. I was advised to get a report from a psychologist to support my claim that this matter has harmed my mental health. All evidence needs to be submitted in September.

I cant find legal advice. Nobody wants to help. We do not have any community legal organisations. NCAT cant tell me what kind of evidence I need to submit. And they can't tell me if I need a forensic psychologist or a treating psychologist. My psychologist is not a clinical psychologist and a forensic psychologist will cost $1300.

Many thanks...

Can anyone give me any ideas please?

 

[Scruff]

Your psychologist can probably answer that question. As for community legal organisations, what area are you in?

 

[Scruff]

To find your nearest Community Legal Centre (CLC), take a look here: Community Legal Centres NSW - Looking for legal advice?

 

[faustus]

I also have a privacy complaint that has been filed in the NCAT. Quite a serious one. Having obsessively read almost all of of the case law involving breaches of the HRIP Act and PPIP Act, and trying to make sense of the concept of injury I would add the following that may be of benefit. I'll note that I'm not a lawyer, but I think I'm a ninja with the HRIP Act and the agency I'm against is toast.

Regarding your own matter:

- The health provider is liable for all losses caused by the conduct. This can be psychological, physical or economic injury.

- The purpose of the remedy is to put you in the same position as though the breach never occurred. There ain't no "I'm suing you for $1,000,000".

- Compensation for psychological injury does get awarded when it can be demonstrated but it's not as common as you'd think and it's rarely over $5,000.

- When attempting to prove injury to the Tribunal, you need to provide "but for" causation: "If it wasn't for the actions of the agency, then x, y, z wouldn't have happened".

- The agency is liable for losses, regardless of whether or not your response to the breach was unreasonable. In other words, if they revealed something about you that most people would consider harmless, then you attempted suicide, so long as you can prove causation, then the agency is liable for that.

General suggestions:

- You should submit a psychologist's report, but don't get a forensic report because I don't think it will add much to the weight of evidence and you may not recover the costs.

- Prepare a statutory declaration stating as such.

- Look for evidence to support the injury that occurred at the time of the injury e.g. text messages at time of breach indicating injury.

- Try to find a quantifiable correlate of the injury. For example, if you commenced antidepressants a week after the breach, and before the breach you had never been on antidepressants, then this would support a claim of causation.


Just a note in another thread, you said "No he didn't continue to read the report. He was too embarrassed. He quickly carried out his duties and filed it before anyone found out. He knows I have issues but I hadnt told him about seeking help." This doesn't help your case.

 

[Jimminy]

We don't have a CLC. The closest one is a couple of hours away and they cant give advice over the phone.

I too have been studying the laws to do with this and previous cases. And I understand the implications of my son being involved but unfortunately it is unavoidable. This compromised him too. This part of the story is too long and complicated. And the breach goes further than this.

The psychologist I have been seeing is a general psychologist, not a clinical psychologist. I was told to get a report but given little information on the qualification of the report. General psychologists cant diagnose. From reading other cases, reports can be from treating practitioners. I have provided a letter from my GP but they said 'I haven't submitted evidence yet' hence the confusion because in their internal investigation they asked for a letter from my GP.

Thanks

 

[Scruff]

Unfortunately, my experience with CLC's is that they're pretty much useless.

Try LawAccess NSW instead. (www.lawaccess.nsw.gov.au)

Give them a call and explain the situation. They have a referral service and usually send you contacts for 3 different lawyers by email. Those referrals will usually provide some initial advice over the phone for free, and since you're really only looking for an answer to one question, you'll probably get what you need.

When you call the lawyers, be sure to tell them that you were referred by LawAccess NSW.

 

[Jimminy]

Thanks for the help. I have contacted law access a number of times and they are useless. I didn't know they can refer you to 3 lawyers so will keep it in mind. For everyone's information, I contacted Salvos Legal team. Waiting for them to call me back. They provide information for free and over the phone to those in regional and rural areas. So hard to get a simple answer.

Many thanks

 

[zena*]

Thanks Faustus, I am facing the same situation as Jimminey, your advice has helped me with a start point.

 

[rawand]

I really like what you have shared.

 

[faustus]

I will clarify a point, however: compensation for injury is a discretionary one. In other words, even if you can prove injury and that it was caused by the agency, it does not necessarily mean that you will be compensated for your losses. Unfortunately, that is how the legislation was written.