VY and Medical Board of Queensland

VY and Medical Board of Queensland
(210017, 7 December 2006)

Section 36(1)(a) - Cabinet matter - submission to Cabinet - public interest arguments - reference to matter in issue in other public documents

The applicant sought access to a report prepared by consultants that had been commissioned by the then Minister for Health.  At the initial decision and internal review, the MBQ found that the report was exempt from disclosure on the basis of section 36(1)(a).  Inquiries made in the external review confirmed that the report had been submitted to Cabinet in the manner defined in section 36(4).

Assistant Commissioner Henry found that waiver or prior publication of the matter in issue has no effect on the application of section 36(1)(a), and section 36(1)(a) neither requires nor allows consideration of public interest issues.  Accordingly, AC Henry determined that the report was exempt from disclosure pursuant to section 36(1)(a).