GIM and Department of Health
(210393, 26 November 2008)
The Applicant sought access to all documents held by the Department of Health (Department) in relation to a Justices Examination Order (JEO) that was issued to the Applicant.
The Department granted the Applicant full and partial access to some documents, including the JEO and certain parts of the Mental Health Assessment. However, the Department refused access to matter contained in the Applicant’s Mental Health Assessment (MH Assessment), certain Clinical Notes connected with the JEO (Clinical Notes) and the Application for the JEO (JEO Application) on the basis of sections 42(1)(h), 44(1) and 46(1)(b) of the FOI Act. The Department’s original decision was affirmed in its entirety on internal review.
Section 42(1)(h)- prejudice to system or procedure for the protection of persons
On external review, the Department submitted that the matter in issue in the JEO Application and Clinical Notes was exempt from disclosure on the basis of section 42(1)(h) of the FOI Act because the disclosure of that matter could reasonably be expected to prejudice a system for the protection of persons, namely the JEO procedure set up under the Mental Health Act 2000 (Qld) (MH Act 2000).
In applying section 42(1)(h) of the FOI Act to the JEO Application and matter in issue in the Clinical Notes, Acting Assistant Commissioner Jefferies found that:
· the JEO procedure set up under Part 4, Division 2 of the MH Act 2000 was a system or procedure set up for the protection of persons
· in accordance with the principles established in ROSK and Brisbane North Regional Health Authority; Others (Third Parties) (1996) 3 QAR 393, disclosure of information supplied by persons who provide information in support of a JEO Application under the MH Act 2000 could reasonably be expected to result in other potential informants being less likely to provide relevant information, thereby prejudicing the system or procedure for the protection of persons which is established by the provisions of the MH Act 2000.
Accordingly, Acting Assistant Commissioner Jefferies decided that the matter in issue in the JEO Application and Clinical Notes was exempt from disclosure under section 42(1)(h) of the FOI Act.
Section 44(1) - personal affairs
In this review, the Department submitted that the matter in issue in the MH Assessment was exempt from disclosure under section 44(1) of the FOI Act because it concerned the personal affairs of other individuals who were discussed at the MH Assessment.
In applying section 44(1) of the FOI Act, Acting Assistant Commissioner Jefferies found that:
· the matter in issue in the MH Assessment concerns the personal affairs of persons other than the Applicant because it describes personal characteristics, medical conditions, life experiences, emotional concerns and relationships
· on balance, disclosure of the matter in issue in the MH Assessment would not be in the public interest.
Accordingly, Acting Assistant Commissioner Jefferies decided that the matter in issue in the MH Assessment was exempt from disclosure under section 44(1) of the FOI Act.