Dong and Comcare (Compensation)

This matter concerned an objection by Ms. Dong to the inspection of her treatment records by Comcare in relation to her psychological injury compensation claim. The dispute was heard by Mr. S. Webb, Member, of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether Ms. Dong's objections to Comcare inspecting her treatment records should be upheld, considering the sensitive and private nature of the information contained within them, and the obligation to ensure a fair opportunity for each party to present their case. The central legal issue was the balance between an individual's right to privacy regarding their medical and psychological records and the need for relevant information to be available for the proper determination of a statutory compensation claim.

The Member reasoned that while the privacy concerns surrounding psychological treatment records are understandable, objections based solely on privacy grounds cannot be upheld if the information is of apparent relevance to the issues before the Tribunal. Ms. Dong's claim was to be decided under the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act), specifically concerning the definition of "disease" in section 5B. This definition allows for consideration of factors such as predispositions to ailments and other matters affecting an employee's health, including those unrelated to employment. The Member noted that information which may seem subjectively irrelevant, such as past trauma or family member health, could objectively be relevant to understanding the causes or exacerbation of a claimed psychological injury or the employee's susceptibility to such conditions.

The Tribunal's interlocutory decision was that the objections were not upheld. Ms. Dong was advised that she could seek orders under section 35 of the *Administrative Appeals Tribunal Act 1975* to prevent wider disclosure or publication of the information if she wished.