DML and Health Rights Commission
(2004 F0629, 17 March 2005)
The applicant sought access to the name of a psychiatrist whom the respondent contacted in relation to a complaint made by the applicant to the respondent. The respondent claimed that the matter in issue was exempt under s.46(1) of the FOI Act.
I consider the requirements for exemption established in B and Brisbane North Regional Health Authority (1994) 1 QAR 279, and have found that matter in issue qualified for exemption under s.46(1)(a) of the FOI Act. I found that there was an implicit mutual understanding between the person who provided the independent opinion, and the HRC that that person's name would be treated in confidence by the respondent. Having been given access to the substance of the complaint, I did not consider that procedural fairness would override that mutual understanding of confidence.
