Hollingsworth and Department of Health

Hollingsworth and Innisfail District Health Service (Department of Health)
(2005 F0559, 2 June 2006) 

Hollingsworth and Cairns District Health Service (Department of Health)
(2005 F0723, 2 June 2006)

s.44(1) personal affairs

The applicant in this case sought review of the decisions of both the Innisfail Health Service District and the Cairns Health Service District to refuse him access to the medical records of his late partner.  Assistant Commissioner Henry decided that the documents in issue comprised information concerning the personal affairs of the applicant's late partner.  AC Henry also decided that the strong privacy interest attaching to the documents in issue was reduced as against the applicant, because of his close involvement in the care of his partner. 

AC Henry decided however, that there were no public interest arguments in this case which were sufficient to displace the significant public interest in maintaining the privacy of the documents in issue.  AC Henry discussed the public interest in the applicant having access to the documents in issue in order to assist with his complaint to the Office of the Adult Guardian and decided that the documents in issue would not assist him in this regard.  AC Henry also considered the public interest in ensuring the accountability of public hospitals but found that there were no grounds to establish that the hospitals' care of the applicant's partner was unsatisfactory.  The documents in issue were exempt under section 44(1) of the FOI Act.