RCL and Department of Health

RCL and Queensland Health (Department of Health)
(210203, 22 June 2007) 

The applicant sought access to his hospital record.  Queensland Health (QH) refused access to segments of matter containing information supplied by third parties.  The applicant submitted that third parties had supplied false information about himself, which he wished to dispute in the Mental Health Court. 

Section 44(1) Personal affairs – applicant’s hospital record 

First Assistant Commissioner Rangihaeata applied Stewart and Department of Transport (1993) 1 QAR 227 to find that the matter in issue in two file notes contained personal affairs information concerning other people, or shared personal affairs information relating to the applicant and other persons, and found that the public interest in protecting information concerning the personal affairs of persons who supplied information to QH outweighed the public interest in giving the applicant access to the file notes.  

Section 46(1)(b) Matter communicated in confidence 

First Assistant Commissioner Rangihaeata applied principles set out in B and Brisbane North Regional Health Authority(1994) 1 QAR 279, and found that the balance of the matter in issue was exempt under section 46(1)(b).