GVK and Department of Health
(210534, 24 December 2008)
Section 42(1)(h)- prejudice to system or procedure for the protection of persons
The applicant applied to the Department of Health (Department) for access to the Justices Examination Order (JEO) application, in relation to a JEO that was served on him.
The Department refused the applicant access to the JEO application (which included attachments in support of the application) on the basis of section 42(1)(h), of the Freedom of Information Act 1992 (Qld) (FOI Act). The Department submitted that the JEO application was exempt from disclosure on the basis of section 42(1)(h) of the FOI Act because the disclosure of the JEO application 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 Acting Assistant Commissioner Jefferies found that:
· the JEO procedure set up under 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 JEO application qualified for exemption from disclosure under section 42(1)(h) of the FOI Act.