Ubaldi and Department of Health

Application number:
1999 S0109
Decision date:
Thursday, Jun 17, 1999

Ubaldi and Royal Brisbane Hospital and District Health Service (Department of Health)
(1999 S0109, 17 June 1999) 

Ms Ubaldi sought external review of a decision refusing access to medical records held by the Health Service concerning a deceased relative of Ms Ubaldi.  However, both the initial access application, and the subsequent application for internal review (which led to the decision in respect of which external review was sought) had been lodged by a person other than Ms Ubaldi, and there was no indication that that person had been acting as agent for Ms Ubaldi. 

The Information Commissioner decided that, in the circumstances, the applicant had no legal entitlement to pursue an application for external review in respect of the particular internal review decision she sought to have reviewed.  The Information Commissioner decided that the external review application was misconceived or lacking in substance, within the meaning of s.77 of the FOI Act, and that the Information Commissioner would not proceed further with the review application.