M and Brisbane South Regional Health Authority

M and Brisbane South Regional Health Authority
(1993 S0104, 18 November 1994) 

This case raised issues and circumstances which were for practical purposes, identical to those raised by P and Brisbane South Regional Health Authority (9 September 1994), and F and Brisbane South Regional Health Authority (26 September 1994), and which led to identical outcomes.

Letter from third party to psychiatrist containing information intended to assist in care of applicant; and identity of third party entered on a document – applicant was a person regulated under the Mental Health Act 1974 Qld – necessary quality of confidence – equitable obligation of confidence – matter exempt under section 46(1)(a).

Letter from third party to psychiatrist containing information intended to assist in care of applicant; and identity of third party entered on a document – information of a confidential nature – implicit mutual understanding that information communicated in confidence – disclosure could reasonably be expected to prejudice future supply of this type of patient information – public interest considerations not favouring disclosure as no positive or beneficial consequence for applicant having access – matter exempt under section 46(1)(b).