Schedule 3 section 10(1)(i) of the Right to Information Act 2009 - disclosure could reasonably be expected to prejudice a system or procedure for the protection of persons
The applicant applied to the Department of Justice and Attorney-General (Department) for access to documents about her including an application for a Justices Examination Order (JEO) under the Mental Health Act 2000. Specifically the applicant sought the name of the person who applied for the JEO and the grounds of the application.
The Department refused access to the requested information under section 67 of the Information Privacy Act (Qld) and section 47(3)(a) of the Right to Information Act 2009 (Qld) (RTI Act).
The Information Commissioner considered the application of schedule 3 section 10(1)(i) of the RTI Act which provides that information is exempt information if its disclosure could reasonably be expected to prejudice a system or procedure for the protection of persons.
The Information Commissioner made the following findings:
· The objective of a JEO is to allow a person in the community to request a non-urgent, involuntary mental health assessment for a person they believe may be experiencing mental health problems.
· The procedure for making a JEO application which is set out in the Mental Health Act 2000 establishes ‘a system or procedure’ for the purpose of schedule 3 section 10(1)(i) of the RTI Act.
· The procedure for making a JEO application is a procedure for the protection of persons.
· Persons applying for a JEO provide information on the understanding that it is confidential and will only be used for the limited purpose of ensuring the proper administration of the Mental Health Act 2000 and disclosure of the information in issue could reasonably be expected to prejudice that system or procedure.
The Information Commissioner decided the information in issue comprised exempt information under section 47(3)(a) and section 48 of the RTI Act and that the Department was entitled to refuse the applicant access to this information under section 67 of the IP Act.
