HNS and Department of Health

Application number:
2000 S0102
Decision date:
Monday, Mar 25, 2002

HNS and Queensland Health (Department of Health)
(2000 S0102, 25 March 2002) 

The applicant was a former Health Service District manager, who accepted a transfer to QH in Brisbane following a series of complaints to QH and the Minister about various aspects regarding management of the District.  The applicant subsequently lodged an FOI access application for any correspondence containing such complaints.  QH consulted a number of third parties and, as a result of their objections to disclosure, refused access to a number of documents and parts of documents under s.40(c), s.44(1) or s.46(1)(b) of the FOI Act. 

The Deputy Information Commissioner found that letters of complaint from District staff qualified for exemption under s.40(c) of the FOI Act, and that other letters from members of the public qualified for exemption from disclosure under s.46(1)(b) of the FOI Act.  The letters were critical of the applicant's conduct and abilities, and the applicant contended that they had a right to be informed of the complaints against them so that they could properly answer them. 

The Deputy Information Commissioner found, however, that QH had provided the applicant with sufficient information about the nature of concerns held about the applicant as District Manager.   The Deputy Information Commissioner observed that it was important that senior Departmental managers, remote from districts where services are delivered to citizens, have mechanisms that enable them to be alerted to serious difficulties or potential difficulties that could impact on efficient and effective service delivery in remote districts, so that they have the opportunity to take remedial or preventative action. 

It was important that they be able to provide channels for communication, by citizens or staff in remote districts, about perceived serious difficulties or potential difficulties, and important too that citizens or staff not be unduly inhibited from seeking to communicate serious concerns.  The Deputy Information Commissioner decided that these public interests outweighed the applicant's interest in seeing the letters of complaint about aspects of the applicant’s management of the Health Service District.