R v A and B [1999] NSWADTAP 2

Appeal Panel

CITATION: R v A and B [1999] NSWADTAP 2 decision revised on:

APPELLANT: R

RESPONDENT: A and B (Respondents)

FILE NUMBER: 999002

HEARING DATES: 03/31/1999

SUBMISSIONS CLOSED: 03/31/1999

DATE OF DECISION: 30 June 1999

Order for inspection of documents produced in response DECISION UNDER APPEAL:

K P O'Connor - President BEFORE: G Ireland - Judicial Member K Greenhill - Member

FILE NUMBER UNDER APPEAL: 46 of 1998

DATE OF DECISION UNDER APPEAL: 03/24/1999

PRIMARY LEGISLATION: Anti-Discrimination Act 1977

Appellant: In person REPRESENTATION: Respondent: E Brus of counsel instructed by the Crown Solicitor

(1) The first respondent is granted access to all records produced by Dr Empson and Ms Baker, for inspection and the making of necessary copies. (2) As to the records produced by Dr Ross and Dr Knowlden: ORDERS: (a) the first respondent is granted access to the records dated 18 March 1995 and later; and (b) the first respondent is to engage an agreed medical practitioner to inspect the records which pre-date 18 March 1995 with a view to identifying any records that refer to the sexual assault incident of 1961. (3) As to paragraph 2, the first respondent may inspect and make necessary copies of records falling into category (a) and of those records falling into category (b) that are identified by the medical practitioner. (4) Liberty to apply.