› Balancing public interest in fair trial against confidentiality
Quick Take
1Where a plaintiff in a personal injury action puts the cause of present injuries and disabilities in issue, including psychological injury, the public interest in ensuring a fair trial may outweigh the public interest in preserving the confidentiality of protected confidence material relating to prior sexual abuse counselling records.
2The grant of leave to inspect and disclose protected confidence material under s 79H of the Evidence (Miscellaneous Provisions) Act 1991 (ACT) is a narrower inquiry than the grant of leave to seek records, requiring satisfaction that the fair trial interest outweighs the confidentiality interest, having regard to the mandatory but non-exhaustive considerations in s 79H(3).
3An application to rely on protected confidence material at an ultimate hearing is premature at the interlocutory stage and is a question most appropriately addressed by the trial judge.
Case Details
Citation[2026] ACTSC 240
CourtACTSC
JurisdictionAustralian Capital Territory
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