Event and Time
Event Description
A case involving an application for preliminary discovery of health records related to the deceased Harley Back, who was a resident in an aged care facility operated by Allity Pty Ltd. The application was instigated by the deceased's family to investigate potential claims against Allity for an alleged breach of duty of care resulting in the deceased's death.
Application and Claims
- The applicant sought access to all clinical notes and health records pertaining to Harley Back to establish a basis for a potential damages claim.
- The application for preliminary discovery was made under Uniform Civil Procedure Rules (UCPR) r 5.2 and r 5.3 due to the applicant's lack of standing to directly obtain the records through the Health Records and Information Privacy Act 2002 (NSW) (HRIP Act).
- The applicant faced barriers because the deceased left no will or estate, complicating the legal authority to access the records.
Judicial Decisions
The Court ruled in favor of the applicant, ordering Allity to provide access to the requested health records by 5 October 2022. Additionally, the court mandated Allity to cover the costs incurred by the applicant related to the summons for discovery.
Dispute Points and Legal Basis
Dispute Points
- Applicant’s Claims:
- Demanded access to health records to investigate a potential claim under the Compensation to Relatives Act 1897 (NSW) and the Civil Liability Act 2002 (NSW). - Argued for the right of immediate family members to access health information under HRIP Act provisions, despite not having formal authority due to the absence of a will.
- Allity’s Defense:
- Claimed the applicant did not possess the requisite authority as an "authorized representative" under s 31(2) of the HRIP Act to access the deceased's records. - Contended that legal impediments existed under s 31 of the HRIP Act preventing compliance with the discovery request. - Argued that costs should not be awarded to the applicant, stating it did not take an adversarial position.