In civil proceedings where the Evidence Act 1995 applies (including via incorporation by Supreme Court Rules), claims of privilege over prison medical records should be addressed primarily through the statutory framework of ss 126A-126F (professional confidential relationship privilege) and s 130 (matters of State), rather than common law public interest immunity alone. Public interest immunity at common law is likely to protect material obtained coercively under statutory compulsion (such as s 29 of the Corrections Act 1986 (Vic)), but its extension to voluntary prison medical treatment is doubtful. Evidence supporting immunity claims must meet a high standard of specificity.
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