HAB and Department of Health
HAB and Queensland Health (Department of Health)
(210293, 20 May 2008)
The applicant sought access to clinical records concerning his treatment for a specified period in which he was resident in the Barrett Adolescent Unit. Queensland Health refused access in full to the information under section 42(1)(c) of the Freedom of Information Act 1992 (Qld) on the basis that its disclosure could reasonably be expected to endanger a person’s life and physical safety. This decision was upheld on internal review by Queensland Health.
On external review, Assistant Commissioner Corby varied the decision of Queensland Health by finding that a proportion of the documents sought were outside of the scope of the freedom of information application because they were not clinical records regarding the applicant’s treatment for the specified period.
Section 42(1)(c) Matter is exempt and could reasonably be expected to endanger a person’s life or physical safety
Assistant Commissioner Corby used the principles outlined in Murphy and Queensland Treasury (1995) QAR 744 and objectively evaluated the available evidence, to find that the documents within scope qualified for exemption under section 42(1)(c) because the evidence indicated that there were real and substantial grounds to expect that disclosing the information would endanger the lives and physical safety of co‑patients, staff and/or others.
