Khoo v South Western Sydney Local Health District

Khoo sought access to medical records of her deceased grandmother held by South Western Sydney Local Health District under the Government Information (Public Access) Act 2009 (NSW). The District Court of New South Wales was required to determine whether the District was justified in withholding the information on the basis of public interest immunity. The primary legal issue was whether the public interest considerations in favour of disclosure outweighed those against it.

The court considered the public interest considerations in favour of disclosure, including the applicant’s close relationship with her grandmother and her concern to investigate suspected negligence. The court also noted the interest in government accountability and the disclosure of information relating to the care of elderly people. On the other hand, the court considered the public interest considerations against disclosure, such as the contravention of the health privacy principle and the potential prejudice to the supply of confidential information and the effective exercise of the respondent's functions. However, the court found that there was a lack of evidence to support the public interest considerations against disclosure.

Ultimately, the court found that the public interest considerations in favour of disclosure outweighed those against it, and set aside the respondent's decision to refuse to provide access to the information sought by the applicant. The court ordered that the respondent is to provide the applicant with access to the information the subject of her application.