Henderson and Queensland Ombudsman; HS (Third Party)

Henderson and Queensland Ombudsman; HS (Third Party)
(2004 F0751, 27 April 2007) 

Section 22(a) – Refusal of access to document reasonably open to public access under an enactment 

The applicant sought review of a decision of the Office of the Queensland Ombudsman to refuse access to documents setting out a decision relating to an investigation of a complaint made by a third party.  Assistant Commissioner Corby found that the Queensland Ombudsman was entitled to decide to refuse, under section 22(a) of the FOI Act, to provide access to one of the documents on the basis that it was reasonably open to public access under section 52 of the Parliament of Queensland Act 2001.

Section 44(1) – Personal affairs – information concerning professional and personal affairs

Assistant Commissioner Corby found that the nature of the information contained in the second document was such that, while it also related to the third party’s employment or professional affairs, it was clearly of a very private nature involving sensitive health matters and therefore concerned the third party’s personal affairs.  Assistant Commissioner Corby found that the second document was exempt from disclosure under section 44(1) of the FOI Act as disclosure of the document would disclose information concerning the personal affairs of the third party, and disclosure would not, on balance, be in the public interest.