TRA and Department of Health

Application number:
2001 S0081
Decision date:
Tuesday, Jun 25, 2002

TRA and Royal Brisbane Hospital and District Health Service (Department of Health)
(2001 S0081, 25 June 2002) 

The applicant had been convicted of four counts of indecent dealing with a minor.  The applicant had unsuccessfully appealed to the Court of Appeal, and sought to obtain medical records of the complainant for use in a petition for pardon. 

The case involved the application of principles stated in Lovelock and Queensland Health (2001) 6 QAR 24 and discussion of the principles established by the High Court decision in Mickelberg v R (1988-1989) 167 CLR 259. I decided that the medical records were exempt from disclosure under s.44(1) of the FOI Act.