QPF and Department of Health
(210810, 29 June 2009)
Section 42(1)(h) of the Freedom of Information Act 1992 (Qld)
The applicant sought access to the Justice Examination Order (JEO) and related application (JEO Application) which concerned her examination under the Mental Health Act 2000 (Qld) (MHA 2000).
The Department of Health (Department) provided the applicant with a copy of the JEO, however claimed that the JEO Application qualified for full exemption under section 42(1)(h) of the Freedom of Information Act 1992 (Qld) (FOI Act).
In determining the application of section 42(1)(h) of the FOI Act to the JEO Application, Assistant Commissioner Corby applied the principles established in ROSK and Brisbane North Regional Health Authority; Others (Third Parties) (1996) 3 QAR 393, Ferrier and Queensland Police Service (1996) 3 QAR 350 and “TQN” and Royal Brisbane Health Service District (Unreported, Queensland Information Commissioner, 31 October 2002) and found that:
· the JEO procedure set up under the MHA 2000 is a system or procedure set up for the protection of persons
· disclosure of the JEO Application could reasonably be expected to result in other potential informants being less likely to provide relevant information, thereby prejudicing the system or procedure for the protection of persons which is established by the provisions of the MHA 2000.
Accordingly, Assistant Commissioner Corby decided that the JEO Application qualified for exemption from disclosure under section 42(1)(h) of the FOI Act