The issue of redaction, as part of the discovery process in
Victorian institutional abuse cases, is increasingly requiring
judicial intervention and significant time and expense are being
incurred by all sides, as well as the Court, in resolving such
disputes. Given the often historical nature of institutional abuse
cases – including evidence extending back many decades
– the issue of discovery and redaction is complicated.
Coupled with this is that regularly within a defendant's
"possession, power and control", there are
documents relating to other allegations made by a victim of abuse
against an accused perpetrator – issues of privacy for those
victims, in particular, are therefore at the fore.
