TQN and Department of Health

Application number:
2002 S0089
Decision date:
Thursday, Oct 31, 2002

TQN and Royal Brisbane Hospital and District Health Service (Department of Health)
(2002 S0089, 31 October 2002) 

The applicant sought review of the respondent's decision to refuse her access to parts of her medical records relating to her detention under the Mental Health Act 1974 Qld.  The application for external review was lodged over 5 months beyond the time limit prescribed in the FOI Act, and the applicant sought a favourable exercise of the Information Commissioner's discretion, under s.73(1)(d) of the FOI Act, to extend the time for lodging her application for external review. 

Assistant Commissioner Shoyer found that the application did not disclose a reasonably arguable case with reasonable prospects of success, because he was satisfied that the matter in issue would qualify for exemption under s.42(1)(b), s.42(1)(h), s.44(1) and/or s.46(1)(a) of the FOI Act, applying the principles established in: 

·       McEniery and Medical Board of Queensland (1994) 1 QAR 349,

·       ROSK and Brisbane North Regional Health Authority (1996) 3 QAR 393,

·       P and Brisbane South Regional Health Authority (1994) 2 QAR 159, and

·       M and Brisbane South Regional Health Authority (1994) 2 QAR 256 

Accordingly, AC Shoyer declined to exercise the discretion contained in s.73(1)(d) of the FOI Act to grant the applicant an extension of time within which to lodge her application for external review.