Mok v New South Wales Crime Commission

The New South Wales Crime Commission sought access to prison medical records concerning Mr. Mok, which were held by the NSW Department of Corrective Services. Mr. Mok claimed these records were necessary to assist him in his defence at trial. The central dispute concerned whether the Crime Commission was entitled to access these records, notwithstanding any potential claims of public interest immunity or professional privilege.

The Court of Appeal was required to determine whether the prison medical records were protected by common law public interest immunity, specifically considering the public interest in maintaining the confidentiality of matters raised during the psychiatric assessment of a prisoner. Additionally, the court had to consider whether the records were obtained coercively and whether the protection of a governmental function was relevant. The court also had to assess the applicability of professional confidential relationship privilege under the *Evidence Act 1995* (NSW).

The Court of Appeal held that the common law doctrine of public interest immunity should be applied with caution when considering the discovery of new categories of immunity. While acknowledging the importance of confidentiality in psychiatric assessments, the court found that the specific nature of the records and the context in which they were sought did not establish a sufficient public interest to override the need for disclosure in criminal proceedings. The court also considered the *Evidence Act 1995* and found that the records did not fall within the scope of professional confidential relationship privilege in this instance. The court ultimately determined that the Crime Commission was entitled to access the records.