MCL and Medical Board of Queensland

MCL and Medical Board of Queensland
(2002 S0022, 26 June 2002) 

The applicant sought access to documents held by the Medical Board of Queensland (MBQ) concerning complaints about the professional conduct of her husband (a medical practitioner).  The MBQ claimed that the matter in issue was exempt under s.42(1)(a) of the FOI Act. The MBQ confirmed that the matter in issue related to an ongoing investigation.  The applicant conceded that she had previously contacted a person, who was a source of information concerning a complaint about her husband, while the investigation was ongoing, although she denied making any threats. 

Assistant Commissioner Shoyer was satisfied that the MBQ had established a reasonable expectation of prejudice to its investigation if the matter in issue was disclosed, and affirmed the MBQ's decision that the matter in issue was exempt under s.42(1)(a) of the FOI Act.