Bakker and Australian Capital Territory (Compensation)

This matter concerned an application for review of a decision by the Australian Capital Territory to refuse a compensation claim made by Mr Bakker in respect of an alleged psychological ailment. The application was heard by Mr S. Webb, Member.

The primary legal issue before the Member was whether the Australian Capital Territory should be granted access to certain medical treatment records, referred to as the Interchange documents, which Mr Bakker had sought to withhold. The ACT argued that these documents were relevant to the compensation claim and were required for a legitimate forensic purpose.

The Member considered the objections raised by Mr Bakker to the ACT's access to the Interchange documents. Ultimately, the Member determined that the objections were not upheld and granted leave for the ACT to inspect the documents. However, the Member stipulated that the ACT must not use the Interchange documents for any purpose outside of these proceedings.