Worker seeks damages against Greg Pearce, sacked former NSW finance minister for breach of privacy

Former Finance Minister Greg Pearce. Photo: Darren Pateman

A sick man whose private medical history was used without his permission in a NSW government press release that declared the state's workers' compensation scheme was out of control, has won the right to pursue sacked former finance minister Greg Pearce for damages.

The man, from northern NSW, has fought for nearly two years to have the state government deal with his breach of privacy complaint.

Mr Pearce, who was sacked by former Premier Barry O'Farrell in August last year after he appointed his wife's boss to a plum job as a director of Sydney Water, is alleged to have contravened thePrivacy and Personal Information Protection Act 1998and theHealth Records and Information Privacy Act2002.

Mr Pearce issued a press release in April 2012, warning that WorkCover was "fast becoming unviable" and faced a $4 billion deficit.

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To prove the point, the minister's office included two case studies of long-term users of workers' compensation.

The first detailed how a worker had received $657,000 since 2001 after suffering chronic fatigue stemming from an earlier case of glandular fever.

"The worker travels more than 1000 kilometres to see the treating doctor based in another state," the press release stated.

"The worker claims interstate travel costs to see their treating doctor, domestic assistance, lawn mowing, multiple weekly physiotherapy, chiropractic therapy, psychiatric therapy and exercise physiology.

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Worker seeks damages against Greg Pearce, sacked former NSW finance minister for breach of privacy