C v Secretary, NSW Treasury (No 3) [2003] NSWADT 200

C v Secretary, NSW Treasury (No 3) [2003] NSWADT 200

The Tribunal found that Dr Lucire's diagnosis was incorrect, as she withdrew and modified her diagnosis in oral evidence and lacked the necessary evidential basis for the diagnosis in accordance with DSM-IV criteria (no early adulthood onset, insufficient traits for diagnosis). On these grounds, a notation stating the diagnosis was incorrect should be attached to the report rather than removing it and every disclosure should include the annotation.

Parties
Applicant: C; Respondent: Secretary, NSW Treasury
Jurisdiction
Australia
Judgment Date
25 August 2003
Procedural Posture
Administrative Review / Merits Review Decision
Outcome
Agency's decision to refuse amendment set aside; substituted with order for a notation to be attached to the report and all copies, stating the diagnosis is incorrect; leave granted for application for costs.
Legal Topics
Freedom of Information, Amendment of Records, Medical Evidence, Workers Compensation
Administrative Law Freedom of Information Amendment of Records Medical Evidence Workers Compensation

Case Brief

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Parties

C

Applicant

Secretary, NSW Treasury

Respondent

Procedural Posture

Administrative Review / Merits Review Decision

Legal Issues

  1. 1 Whether the agency's records, specifically Dr Lucire's report diagnosing Mr C with Narcissistic Personality Disorder and Paranoid Delusional Disorder, are incomplete, incorrect, out of date or misleading in a material respect under the Freedom of Information Act 1989.

Ratio Decidendi

The Tribunal found that Dr Lucire's diagnosis was incorrect, as she withdrew and modified her diagnosis in oral evidence and lacked the necessary evidential basis for the diagnosis in accordance with DSM-IV criteria (no early adulthood onset, insufficient traits for diagnosis). On these grounds, a notation stating the diagnosis was incorrect should be attached to the report rather than removing it and every disclosure should include the annotation.

Court Disposition

Agency's decision to refuse amendment set aside; substituted with order for a notation to be attached to the report and all copies, stating the diagnosis is incorrect; leave granted for application for costs.

Orders

  • The agency's decision to refuse to amend the undated report of Dr Y Lucire in relation to the applicant is set aside.
  • In substitution for that decision, a decision is made to attach a notation to the report, and every copy of the report held by the agency, in the following terms: 'The attached document is incorrect in a material respect pursuant to the Freedom of Information Act 1989. In particular Dr Lucire's diagnosis that Mr C...