Back v Allity Pty Ltd t/as Calare Aged Care

Back v Allity Pty Ltd t/as Calare Aged Care involved a request for preliminary discovery of health records held by an aged care facility regarding a deceased resident. The matter was heard in the Supreme Court of New South Wales. The applicant sought discovery of all relevant health records and documents pertaining to the deceased, Harley Back, as well as records related to an investigation by the Aged Care Quality and Safety Commissioner. The respondent, Allity Pty Ltd, trading as Calare Aged Care, opposed the application.

The court was required to determine whether the applicant was entitled to the discovery of the specified health records under the provisions of the Uniform Civil Procedure Rules (UCPR) and the Health Records Information Privacy Act 2002 (NSW). The key issue was whether the applicant had a sufficient basis for seeking the records and whether the respondent's privacy obligations under the Act were overridden by the court's power to make discovery orders.

The court found that the applicant had established a prima facie case for the discovery of the records. The court held that the applicant's interest in obtaining the records to potentially institute proceedings outweighed the respondent's privacy interests under the Act. The court emphasised that the discovery process was subject to the protections afforded by the Act, including the requirement that the records be used solely for the purpose of the proceedings. The court concluded that the applicant was entitled to the discovery of the specified records and made the orders as set out in the decision. The respondent was also ordered to pay the applicant's costs associated with the application.