R v A & B [1999] NSWADT 15

R v A & B [1999] NSWADT 15

Leave was granted for the first respondent to access the material because documents concerning the alleged sexual assault of 20 March 1996, any other alleged sexual assault, and the complainant's medical background had very great or considerable probative value for determining whether the allegations could be substantiated and the extent of any harm. Balancing the considerations under s 126H(3) favoured access, and the seriousness of the allegations and relevance of the material meant no direction should be made under s 126B(1).

Jurisdiction
Australia
Judgment Date
24 March 1999
Procedural Posture
Sex Discrimination in Employment; Aiding and Abetting Sex Discrimination in Employment / Application for Access to Documents Under Summons
Outcome
Access granted
Legal Topics
['sex Discrimination in Employment' 'access to Documents Produced Under Summons' 'protected Confidence' 'medical and Psychological Records' 'tribunal Procedure']
['anti Discrimination Law' 'employment Law' 'evidence and Procedure'] ['sex Discrimination in Employment' 'access to Documents Produced Under Summons' 'protected Confidence' 'medical and Psychological Records' 'tribunal Procedure']

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Procedural Posture

Sex Discrimination in Employment; Aiding and Abetting Sex Discrimination in Employment / Application for Access to Documents Under Summons

Legal Issues

  1. 1 ['Whether the first respondent should be given access to material produced under summons by four health care professionals.' 'Whether access should be refused or restricted by applying ss 126B and/or 126H of the Evidence Act 1995 to material concerning protected confidences.' 'Whether the probative value and relevance of the medical and psychological material outweighed confidentiality concerns.']

Ratio Decidendi

Leave was granted for the first respondent to access the material because documents concerning the alleged sexual assault of 20 March 1996, any other alleged sexual assault, and the complainant's medical background had very great or considerable probative value for determining whether the allegations could be substantiated and the extent of any harm. Balancing the considerations under s 126H(3) favoured access, and the seriousness of the allegations and relevance of the material meant no direction should be made under s 126B(1).

Court Disposition

Access granted

Orders

  • ['Access granted' 'The first respondent may have access to the material.']