Application for leave to disclose and use protected confidence evidence
Quick Take
1Under s 79D of the Evidence (Miscellaneous Provisions) Act 1991 (ACT), leave to inspect and disclose protected confidence medical records requires the court to be satisfied that the public interest in ensuring fair proceedings outweighs the public interest in preserving confidentiality, applying the mandatory but non-exhaustive considerations in s 79H(3).
2Where a plaintiff claims psychological and psychiatric injury, pre- and post-existing conditions or circumstances documented in medical records containing protected confidences may be sufficiently relevant to justify disclosure, subject to protective orders under s 79I to limit harm to the plaintiff's identity and privacy.
