Sonja Cooper, a lawyer for abuse survivors from state care, says the Ministry of Social Development (MSD) is not letting them see parts of their personal files. This is happening despite a recent High Court ruling.
Two weeks ago, Justice Palmer decided that government agencies cannot use the Privacy Act to stop survivors from accessing their files. The Royal Commission into Abuse in Care found many survivors struggle to get their records, facing delays or receiving incomplete information. The report stated that leaders tried to cover up abuse and fought legally to protect their reputations and costs to the government.
Cooper claimed that since 2016, MSD has kept documents from survivors by saying only a court could order their release. She explained they filed a case in the High Court to clarify that survivors can access their records unless a court says otherwise.
Even after the High Court’s decision, MSD continues to withhold records. “It’s very disappointing and frustrating for survivors trying to get their own records,” Cooper said. She noted that while the Crown can appeal, it cannot ignore the High Court’s ruling and the fact that MSD is considering an appeal is worrying.
Nadine Kilmister, a spokesperson for MSD, said the ministry is working with other agencies to meet the court’s decision received on August 19. She explained that it is complicated to ensure a specific court order is respected when handling requests.
Kilmister assured that they are trying to resolve this issue quickly and will keep Cooper Legal and their clients informed about the process.
