RG and Department of Health; RHM (Third Party)

RG and Gold Coast District Health Service (Department of Health); RHM (Third Party)
(2004 F0570, 30 January 2006)

s. 44 - Personal affairs 

As the result of a previous external review application (2003 F0718), the applicant had been given access to certain information contained in the third party's hospital record.  The matter in issue in this review comprised the balance of matter contained in the third party's hospital record.  The applicant had been convicted of assaulting the third party.  The applicant submitted that he required access to the matter in issue to assist him to make an application under the Penalties and Sentences Act 1992 to have his sentence re-opened on the basis that the court was under a misapprehension regarding the severity of injuries suffered by the third party as a result of the assault. 

The applicant was given access to some additional matter during the course of the review.  Assistant Commissioner Moss decided that the balance of the matter was exempt under s.44(1) of the FOI Act.  AC Moss was satisfied that the applicant already had sufficient information to make an application under the Penalties and Sentences Act and that disclosure of the matter remaining in issue would be of limited assistance in advancing the public interest in the administration of justice.  Accordingly, AC Moss  decided that the public interest in protecting the privacy interests of the third party in respect of her medical information outweighed any public interest in disclosure of that matter, such that disclosure of the matter in issue would not, on balance, be in the public interest.