BDP and Medical Board of Queensland; WNK

Application number:
210015, 210141
Decision date:
Sunday, Dec 19, 1993

BDP and Medical Board of Queensland; WNK (Third Party)
(210141, 210015, 19 December 2007)

The applicant submitted a number of freedom of information (FOI) applications to the Medical Board of Queensland (MBQ) for access to documents under the Freedom of Information Act 1992 (Qld) (FOI Act).

Section 46(1)(b) – matter communicated in confidence

The matter to which the MBQ refused access on the basis of section 46(1)(b) of the FOI Act constituted or recorded a complaint regarding the treatment of the applicant by medical practitioner (Category 1 matter).

On external review, Assistant Commissioner Henry found that the Category 1 matter:

·       consisted of information of a confidential nature

·       was communicated in confidence

·       its disclosure could reasonably be expected to prejudice the future supply of such information

·       the public interest considerations favouring non-disclosure equalled or outweighed those favouring disclosure

·       was exempt from disclosure pursuant to section 46(1)(b) of the FOI Act

Section 44(1) – personal affairs

The matter to which the MBQ refused access on the basis of section 44(1) of the FOI Act consisted of contact details of various medical practitioners, matter regarding medical practitioner’s state of health and matter regarding disciplinary proceedings against medical practitioner (Category 2 matter).

On external review, Assistant Commissioner Henry found that the Category 2 matter:

·       consisted of information relating to the personal affairs of other individuals

·       the public interest in the protection of medical practitioners’ personal privacy outweighed the public interest considerations favouring disclosure

·       was exempt from disclosure under section 44(1) of the FOI Act.

Section 43(1) – legal professional privilege

The matter to which the MBQ refused access on the basis of section 43(1) of the FOI Act comprised communications between MBQ and its solicitors (Category 3 matter).

On external review, Assistant Commissioner Henry found that the Category 3 matter:

·       comprised confidential communications between MBQ and its solicitors

·       was prepared for the dominant purpose of the MBQ obtaining, and the MBQ’s solicitors providing, legal advice

·       was exempt from disclosure under section 43(1) of the FOI Act on the basis that it satisfied the ‘advice privilege’ limb of legal professional privilege.

Section 22(a) – reasonable access under another enactment or administrative arrangements

The matter to which the MBQ refused access on the basis of section 22(a) of the FOI Act comprised copies of a tribunal decision and transcripts of tribunal proceedings, both involving the applicant (Category 4 matter).

On external review, Assistant Commissioner Henry found that the Category 4 matter was reasonably available for the applicant to access by means other than under the FOI Act.  On that basis, Assistant Commissioner Henry refused the applicant access to the Category 4 matter pursuant to section 22(a) of the FOI Act.

Section 27(3) and (4) – irrelevant matter

The MBQ claimed that certain matter was irrelevant to the applicant’s FOI application and was able to be deleted pursuant to sections 27(3) and (4) of the FOI Act (Category 5 matter).

On external review, Assistant Commissioner Henry found that the Category 5 matter:

·       may reasonably be considered or looked on as irrelevant to the applicant’s FOI application

·       should be deleted from the relevant documents prior to them being provided to the applicant by the MBQ.