Rashleigh and Princess Alexandra Hospital and District Health Service

Application number:
1999 S0117
Decision date:
Wednesday, May 30, 2001

Rashleigh and Princess Alexandra Hospital and District Health Service
 (1999 S0117, 30 May 2001) 

The applicant was a former employee of the respondent who had been directed by the respondent to attend an appointment with a psychiatrist for the purpose of undergoing an assessment.  The applicant sought access to a copy of the referral letter sent by the respondent to the psychiatrist.  The respondent claimed the letter was exempt under s.40(c), s.42(1)(c) and s.46(1) of the FOI Act.

It was clear that the contents of the letter had been disclosed to the applicant during her consultation with the psychiatrist for the purpose of gaining the applicant's response.  Those specific responses were recited at some length in the psychiatrist's report.

Applying the principles established in B and Brisbane North Regional Health Authority (1994) 1 QAR 279, the Assistant Information Commissioner decided that the claims for exemption under s.46(1)(a) and s.46(1)(b) of the FOI Act could not be sustained.

Similarly, on the material before him, the Assistant Information Commissioner decided that the respondent's claims for exemption under s.40(c) and s.42(1)(c) had not been made out.  He therefore set aside the decision under review and decided that the letter in issue did not qualify for exemption under the FOI Act.