Relevance to the RTI Act

The relevant sections of the RTI Act are sections 47(3)(d) and 77. Together, the provisions work in substantially the same way as section 44(3) of the FOI Act.

Under section 47(3)(d) of the RTI Act, an agency or Minister may refuse access to a document to the extent the document comprises the applicant’s healthcare information, the disclosure of which might be prejudicial to the physical or mental health or wellbeing of the applicant. Section 77 of the RTI Act allows an agency or Minister to grant access to an appropriately qualified healthcare professional if access is refused to the applicant under section 47(3)(d) of the RTI Act.