Under s 25 of the Evidence Act 1910 (Tas), a defendant's appointed medical practitioner may seek information and facilities without first demanding a physical examination, and 'examination' includes scrutinisation of medical records alone. However, the court will not order a stay under s 25 where the order sought would require production of treating doctors' notes likely containing communications protected by the statutory doctor-patient privilege under s 96, as this would render the privilege illusory.
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