Key published decisions applying section 6 RTI Act

Moon and Department of Health (Unreported, Queensland Information Commissioner, 12 August 2010)

The applicant sought access to information relating to her great aunt's stay at an aged care facility operated by the Department of Health (Department). The Department refused access under section 47(3)(e) of the RTI Act on the grounds that the information did not exist. Subsequently the Department located information relevant to the access application but refused to informally provide access to the applicant on the grounds that disclosing the information was prohibited under section 62A of the Health Services Act 1991 (Qld) (HSA). The HSA provision provides that a Department employee must not disclose confidential information that would identify a person who has received a public sector health service.

The Information Commissioner was satisfied that the RTI Act overrides the confidentiality provisions of section 62A of the HSA because this section is not listed in schedule 3, section 12 of the RTI Act. As the Department had not identified any contrary to public interest arguments; it was required to give access to the information in issue. [24-25, 31]

Accordingly, the Information Commissioner found that the Department was required by the RTI Act to release the information to the applicant.