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.