Quinlan Abrioux Barristers and Solicitors and Department of Health

Application number:
2006 F0027
Decision date:
Friday, Jun 23, 2006

Quinlan Abrioux Barristers and Solicitors and Queensland Health (Department of health)
 (2006 F0027, 23 June 2006)

s.46(1)(a) – Matter communicated in confidence

The applicant applied for access to patient information records concerning a third party.  The matter in issue comprises information about the third party conveyed to the Sunshine Coast Health Service (SCHS) by others.  The SCHS submitted that health professionals frequently seek or receive information to assist in the care of their patients and that the relevant information (including the identity of the persons supplying the information) is received and treated in confidence and is not disclosed without the consent of the suppliers – even to the patient who is the subject of the information.

Despite considerable efforts to contact them, the information providers relevant to this review were unable to be located.  After considering all of the available information, Assistant Commissioner Henry found that all five criteria necessary to establish an equitable obligation of confidence in relation to the matter in issue were established, and affirmed the decision under review by finding that the matter in issue qualified for exemption from disclosure under s.46(1)(a) of the FOI Act.