B and Brisbane North Regional Health Authority
(1993 S0004, 31 January 1994)
This case includes a detailed analysis of s.46 of the FOI Act, and a survey of general law cases concerning actions for breach of confidence which may be of assistance in applying s.46(1)(a) of the FOI Act. In particular, the elements of an action in equity for breach of confidence are explained and illustrated in considerable detail.
The elements of s.46(1)(b) are also identified and explained in some detail. In particular there is a detailed explanation of the meaning of the phrase 'disclosure [of the matter in issue] could reasonably be expected to [have some specified prejudicial effect]' which appears in many exemption provisions in the FOI Act.
The effect of s.46(2), which places a significant qualification on the scope of the s.46(1) exemption, is explained in paragraphs 35-36 of B and Brisbane North Regional Health Authority(1994) 1 QAR 279.
There is a detailed explanation of how s.44(1), s.44(2) and s.6 of the FOI Act operate in the context of an application by a person for information which relates to the shared personal affairs of the applicant and another person (at paragraphs 172 - 178) and an illustration of the application of the public interest balancing test contained in s.44(1) in a context of that kind (paragraphs 179-189).