Knibb and Queensland Health (Department of Health)
(210151, 29 June 2007)
Section 44(1) Personal affairs
The applicant sought access from Queensland Health to DNA, forensic and pathology information in relation to an offence for which the applicant is presently serving a prison sentence. The applicant submitted that the information sought would assist him to prove that his conviction was a miscarriage of justice.
Assistant Commissioner Henry:
determined that the matter in issue was properly characterised as concerning the personal affairs of a person other than the applicant
considered the public interest considerations for and against disclosure and decided that the public interest considerations in favour of disclosure did not outweigh the privacy interests favouring non-disclosure.