Hart v ICare Self Insurance [2017] NSWCATAD 130

As legal professional privilege was waived by the respondent and the reports were released, the basis for refusing access ceased to exist, warranting variation of the original decision to grant access to the reports.

Jurisdiction: Australia
Judgment Date: 27 April 2017
Procedural Posture: Administrative Review / Determination on the Papers
Outcome: Decision of the respondent varied to grant access to specified medical reports.
Legal Topics: ['legal Professional Privilege' 'waiver of Privilege' 'release of Medical Reports' 'loss of Privilege for Misconduct']

['administrative Law' 'access to Government Information'] ['legal Professional Privilege' 'waiver of Privilege' 'release of Medical Reports' 'loss of Privilege for Misconduct']

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Procedural Posture

Administrative Review / Determination on the Papers

Legal Issues

1 ['Whether access should be granted to four medical reports withheld by the respondent under claim of legal professional privilege' 'Whether legal professional privilege applied to the reports' 'Whether waiver of privilege by the respondent removes the ground for non-disclosure' 'Whether the respondent breached s 125 Evidence Act 1995']

Ratio Decidendi

Court Disposition

Decision of the respondent varied to grant access to specified medical reports.

Orders

['Access is granted to the applicant to copies of medical reports by Dr Graham George dated 6 May 2013 and 24 June 2013, and Dr Neil Cochrane dated 14 July 2015 and 16 July 2015.']