Varghese and Department of Health

Varghese and Queensland Health (Department of Health)
(2000 S0289, 28 February 2002) 

The only matter remaining in issue was a document dated 13 July 1999 from the Director of Pathology QHPSS, Bundaberg, to the Managing Pathologist, QHPSS.  The author of the document and Queensland Health (QH) objected to disclosure.  The Assistant Information Commissioner was satisfied that the document was a ‘document of an agency’ as defined in s.7 of the FOI Act, despite the fact that it was a draft letter stored only on a backup file on a backup tape.  The Assistant Information Commissioner considered the application of s.43(1), but the purpose of the document was to convey information from the author to his line manager.  It was not created for any of the qualifying purposes identified in Esso Australia Resources Ltd v Commission of Taxation (1999) 74 ALJR 339.  Therefore, s.43(1) had no application. 

QH sought to rely on s.41(1).  However, the Assistant Information Commissioner was not satisfied that disclosure of the document would harm an identifiable public interest.  Further, the Assistant Information Commissioner was satisfied that there were public interest considerations of some weight favouring disclosure.  QH also relied on s.40(c), but the Assistant Information Commissioner was not satisfied that disclosure of the document could reasonably be expected to have an adverse effect on the management or assessment by QH of its personnel, let alone a substantial adverse effect.  The Assistant Information Commissioner held the document did not qualify for exemption from disclosure under the FOI Act.