Application of sections 47(3)(d) and 51 RTI Act

A decision to refuse access to relevant healthcare information because its disclosure might prejudice the applicant's physical or mental health or wellbeing is referred to as a healthcare decision.

Relevant healthcare information is healthcare information given by a healthcare professional. It does not include other information about the applicant. Only certain people can make a healthcare decision. The power is not included in the standard decision making delegation.

In some circumstances the healthcare decision maker may allow access to be given through a healthcare provider nominated by the applicant even if they refuse access to it.

For decision notice templates and guidance on applying this section refer to Making healthcare decisions.

Last updated: November 25, 2021