Non-conclusive certificates issued by medical assessors under Part 3.4 of the Motor Accidents Compensation Act 1999 (NSW) do not constitute 'decisions' attracting deliberative process immunity under s 129 of the Evidence Act 1995 (NSW). The medical assessor's working documents — including handwritten examination notes, draft reports and certificates, and communications with the Authority — are not protected from production by subpoena on the ground of public interest immunity. The question whether paragraph (e) of the definition of 'Australian court' could apply to such assessors was left open.
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