Fadlallah v Insurance and Care NSW [2021] NSWCATAD 304

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fadlallah v Insurance and Care NSW [2021] NSWCATAD 304 Hearing dates: 10 February 2021 and 16 March 2021 Date of orders: 21 October 2021 Decision date: 21 October 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member Decision: (1) The decision of the respondent, made on 8 September 2020, to refuse the applicant access to the medical report of Professor Bolin is set aside and in substitution of that decision a decision is made to grant the applicant access to the information in that report. Catchwords: ADMINISTRATIVE LAW – government information – access to information in medical report about the applicant that is held by the respondent – conclusive presumption of overriding public interest against disclosure – legal professional privilege Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Evidence Act 1995 (NSW) Government Information (Public Access) Act 2009 (NSW) NSW Self Insurance Corporation Act 2004 (NSW) State Insurance and Care Governance Act 2015 (NSW) Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: AIN v Medical Council (NSW) [2015] NSWCATAP 241 Archer Capital 4A Pty Ltd (atf Archer Capital Trust 4A) v Sage Group pic (No 2) [2013] FCA 1098; (2013) 306 ALR 384 AWB Limited v Honourable Terence Rhoderic Hudson Cole (No 5) [2006] FCA 1234 Colefax v Department of Education and Communities [2013] NSWADT 72 Commissioner Australian Federal Police v Propend Finance Pty Ltd [1997] HCA 3; (1997) 188 CLR 501 Daniels Corp International Pty Limited v Australian Competition and Consumer Commissioner [2002] HCA 49; (2002) 213 CLR 543 DSE (Holdings) PTY Ltd v Intertan Inc [2003] FCA 1191; (2003) 135 FCR 151 Esso Australia Resources Ltd v Federal Commissioner of Taxation (1999) 201 CLR 49; [1999] HCA 67 General Manager, WorkCover Authority of NSW v Law Society (NSW) [2006] NSWCA 84 Grant v Downs [1976] HCA 63; (1976) 135 CLR 674 Mann v Carnell (1999) 201 CLR 1; [1999] HCA 86 Mitsubishi Electric Australia Pty Ltd v Victorian WorkCover Authority (2002) 4 VR 332; [2002] VSCA Transport for NSW v Robinson [2018] NSWCATAP 123 Category: Principal judgment Parties: Sonia Fadlallah (Applicant) Insurance and Care NSW (Respondent) Representation: Counsel: T Buterim (Respondent)