GZQ and Medical Board of Queensland

Application number:
Decision date:
Friday, Feb 16, 2007

GZQ and Medical Board of Queensland
(210128, 16 February 2007)

Section 42(1)(b) – Identity of complainant – whether a false or malicious allegation constitutes information

The applicant sought review of a decision of the Medical Board of Queensland (MBQ) to refuse him access to documentation regarding the identity of a person who had made a complaint about him to the MBQ.

Applying the principles stated in McEniery and the Medical Board of Queensland (1994) 1 QAR 349, Assistant Commissioner Gittins found that the matter in issue was exempt as its disclosure could reasonably be expected to enable the identity of a confidential source of information to be ascertained.  AC Gittins also found that irrespective of the truth or otherwise of the allegation against the applicant or the motive of the informant in making the allegation, the allegation nonetheless constituted “information” for the purposes of section 42(1)(b) of the Freedom of Information Act 1992 (Qld).