DTI and Department of Health
(210496, 24 April 2009)
The applicant applied for review of a decision of the Department of Health (Queensland Health) to refuse access to documents, and parts of documents, contained in medical records held by Queensland Health in relation to the applicant.
Section 44(1) Matter affecting personal affairs
Applying settled principle, Acting Assistant Commissioner Jefferies decided that part of the matter in issue (Category A Matter) concerned the personal affairs of persons other than the applicant and was prima facie, exempt from disclosure under section 44(1) of the Freedom of Information Act 1992 (FOI Act). Acting Assistant Commissioner Jefferies acknowledged that there were public interest arguments favouring disclosure of the Category A Matter, including that some of the Category A Matter related to the applicant, and the accountability of Queensland Health for the performance of its functions. However, she found that these public interest considerations were not sufficient to outweigh the public interest considerations which favour non-disclosure, including the relatively high weight of the privacy interest in protecting the personal affairs information of third parties in the circumstances of this case, and the flow of that type of information to government. Accordingly, Acting Assistant Commissioner Jefferies found that the Category A Matter was exempt from disclosure under section 44(1) of the FOI Act.
Section 42(1)(b) Matter relating to law enforcement and public safety
Applying the principles established in McEniery and Medical Board of Queensland (1994) 1 QAR 349, Acting Assistant Commissioner Jefferies found that disclosure of the remaining matter in issue (Category B Matter) could reasonably be expected to enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law (being the Mental Health Act 2000), to be ascertained. Accordingly, Acting Assistant Commissioner Jefferies found that the Category B Matter was exempt from disclosure under section 42(1)(b) of the FOI Act.
