Salmani & Hasan (No. 2)

In *Salmani & Hasan (No. 2)*, Harper J of the Family Court of Australia considered an application by the mother and the Independent Children’s Lawyer for access to unredacted sections of a medical report concerning the father. An intervener, the NSW Crime Commission, had made a claim to public interest immunity in relation to the report. The court had received confidential submissions and a confidential affidavit regarding this claim, to which the parties were unable to make submissions.

The central legal issue before the court was whether to grant leave for the mother and the Independent Children’s Lawyer to inspect the unredacted report, despite the claim of public interest immunity. This required the court to balance the need for disclosure in child-related proceedings against the potential harm that disclosure might cause to the father and, consequently, the children. The court also had to consider its power to determine matters arising out of child-related proceedings, with the paramount consideration being the best interests of the child.

Harper J reasoned that avoiding impairment of the administration of justice carries a stronger weight in parenting proceedings than in ordinary civil litigation. The court found that disclosure of the unredacted report would place the father, and therefore the children, at risk of harm. Consequently, the claim to public interest immunity was upheld.

Leave to inspect the unredacted version of the report was refused. The court ordered that the reasons for judgment be contained in a confidential annexure, with restricted access granted only to specific parties and their legal representatives, subject to strict non-disclosure obligations. The court also directed that the report itself be sealed and not opened except by specific order of a judge.