SAR and Patient Review Tribunal

SAR and Patient Review Tribunal
(1993 S0227, 12 July 1996)

This case involved the application of the principles set out in B and Brisbane North Regional Health Authority (1994) 1 QAR 279, regarding s.46(1)(a) and s.46(1)(b).  The matter in issue consisted of six medical reports concerning the applicant and his regulation under the Mental Health Act 1974 Qld.

The Information Commissioner found that one passage in one report, which recorded information provided to a psychiatrist by a third party, was exempt under s.46(1)(a) and s.46(1)(b).  However, the Information Commissioner decided that the other matter in issue was not exempt, as the authors of the reports had consented to disclosure of their reports, and the respondent could therefore no longer be subject to an obligation to treat the reports in confidence, as against the applicant.