Australia, Nov. 30 -- New South Wales Land and Environment Court issued text of the following judgement on Nov. 29:
1. These proceedings concern a request dated 25 October 2023 (the GIPA request) that Kam Hung Hau (aka Joyce Hau) made to South Eastern Sydney Local Health District (the respondent) for the release of information under the Government Information (Public Access) Act 2009 (NSW) (the GIPA Act), in the following terms:
I am instructed by my client, Mrs Joyce Hau, to seek assistance from you in relation to a recent workplace dispute with Sydney/Sydney Eye Hospital (S/SHE). S/SHE accepted a baseless complaint against our client from a patient, namely 9D, related to a night shift on 05 March 2023 at Ward 2 East of S/SHE and who, allegedly misused their power to not accept and consider our client's responses to all the allegations. They also decided to start taking disciplinary action against our client without being transparent throughout the investigation process despite requests had been made for certain statements and evidence. It makes my client feel bullied, intimidated, harassed and unfairly treated. This incident has caused our client to feel emotionally distressed, frightened and scared to return to work. Our client has not had worked at S/SHE since the incident date of 5 March 2023.
As they refused to provide a copy of the investigation report, any evidence and any statement, we are at liberty to believe that no consideration was given to our client's accounts of events and explanations, and all of the said evidence and statements so obtained in the investigation are hearsay.
We strongly object the decisions made in the letter dated 10 October 2023 and the letter stated clearly that out client need to undertake the remedial action within fourteen days effective from the date of the letter being 10 October 2023. As this is a wrongdoing investigation, we would be appreciated that if you please could look into that matter and help us to get formal access to our request for the following:
1. A copy of the CCTV footage for 05 March 20223 the incident of all these allegations.
2. The statements of the 2 staffs related to Allegation 1.
3. The statement of that After Hour Medical Officer (AHMO) related to the allegation 2 (bullying in nature).
4. Reasons as to why the version of the Nurse in Charge was more probable and why our client's version was not considered. In this respect, our client at all times did not admit having said anything unprofessionally or disrespectfully to the Nurse in Charge. Our client simply pointed out that the Nurse in Charge was laughing and making jokes about our client by instructing our client to talk professionally.
5. The exact breaches of the policies and standards while noting that the investigations of SESLHD have provided only an extract of a provision of the policies and standards.
6. A copy of the investigation report.
7. A copy of the reasons for not taking "Professional Misconduct" investigation for the After Hour Nurse Supervisor.
8. A copy of the reasons for not taking investigation for the Nurse in Charge (Enrolled Nurse of Ward 2 East) regarding to her misconduct, repeated and unreasonable behaviour, disruptive behaviour, bullying and harassment.
9. A copy of the reasons for not taking investigation for the Nurse in Charge for her misconduct, unprofessional behaviours such as humiliating and bullying.
10. A copy of the statements made by the Nursing Unit Manager of Emergency Department regarding (a) "Hard Collar Removal Issue" in detail of patient involved, date and time of that incident and (b) "Training Pathway Issue" in detail of evidence such as the time, date, the person in charge of the offer and how the offer was conveyed to our client.
11. A copy of the reasons for not taking investigation for the Nursing Unit Manager of Emergency Department regarding to her misconduct, namely abuse of power, dishonest and baselessly disparage our client's work reputation within the hospital.
2. On 3 November 2023, the respondent acknowledged receipt of the GIPA request. However, after a number of requested extensions of time, to which the applicant consented, the respondent was required to issue a Notice of Decision by 19 February 2024.
3. On 19 February 2024, the respondent issued a Notice of Decision under ss 58(1)(a), 58(1)(b) and 58(1)(d) of the GIPA Act.
4. The respondent stated that it conducted reasonable searches as required by s 53 of the GIPA Act and that it identified the information sought by the GIPA request, which was set out in a schedule of documents to its decision.
5. The respondent stated that it applied the public interest test under s 13 of the GIPA Act, identified considerations both in favour of and against disclosure of information and determined whether the balance lies between them.
*Rest of the document and Footnotes can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19374cadb8f6bbc915e5e74d)
Disclaimer: Curated by HT Syndication.
