MAR and Department of Health

Application number:
1993 S0160
Decision date:
Monday, Aug 16, 1999

MAR and Queensland Health (Department of Health)
(1993 S0160, 16 August 1999) 

MAR and Department of Corrective Services
(1993 S0161, 16 August 1999)

 The Information Commissioner applied the principles set out in S and Medical Board of Queensland (1994) 2 QAR 249, concerning the application of s.44(3) of the FOI Act, and found that psychiatric records concerning the applicant should not be given to the applicant but should be given to a qualified medical practitioner nominated by the applicant and approved by the respondent.

 Applying the principles set out in Murphy and Queensland Treasury & Others (1995) 2 QAR 744, the Information Commissioner found that a probation report about the applicant was exempt under s.42(l)(c), as its disclosure could reasonably be expected to endanger the physical safety of the applicant or other persons.