Commonwealth Consolidated Acts

FREEDOM OF INFORMATION ACT 1982 - SECT 41

             (1)  A document is an exempt document if its disclosure under this Act would involve the unreasonable disclosure of personal information about any person (including a deceased person).

             (2)  Subject to subsection (3), the provisions of subsection (1) do not have effect in relation to a request by a person for access to a document by reason only of the inclusion in the document of matter relating to that person.

             (3)  Where:

                     (a)  a request is made to an agency or Minister for access to a document of the agency, or an official document of the Minister, that contains information concerning the applicant, being information that was provided by a qualified person acting in his or her capacity as a qualified person; and

                     (b)  it appears to the principal officer of the agency or to the Minister (as the case may be) that the disclosure of the information to the applicant might be detrimental to the applicant's physical or mental health, or well‑being;

the principal officer or Minister may, if access to the document would otherwise be given to the applicant, direct that access to the document, so far as it contains that information, is not to be given to the applicant but is to be given instead to a qualified person who:

                     (c)  carries on the same occupation, of a kind mentioned in the definition of qualified person in subsection (8), as the first‑mentioned qualified person; and

                     (d)  is to be nominated by the applicant.

             (4)  Subject to subsection (5), where:

                     (a)  access to a document has been given to a person; and

                     (b)  the document contains personal information of a medical or psychiatric nature, about the person that has been provided by, or has originated from, a qualified person acting in his or her capacity as a qualified person; and

                     (c)  access was not given with the qualified person's knowledge;

the principal officer or Minister (as the case may be) must notify the qualified person that access to the document has been so given.

             (5)  Subsection (4) does not apply if it is not reasonably practicable to notify the qualified person.

             (6)  Without limiting the matters that may be considered in deciding whether it is not reasonably practicable to notify the qualified person, consideration is to be given to:

                     (a)  the length of time since the information was provided by, or originated from, the qualified person; and

                     (b)  the likelihood that the qualified person is still carrying on the same occupation; and

                     (c)  the frequency with which, but for subsection (5), the principal officer or Minister would be required to make notifications under subsection (4); and

                     (d)  the resources available to make such notifications.

             (7)  The powers and functions of the principal officer of an agency under this section may be exercised by an officer of the agency acting within his or her scope of authority in accordance with arrangements referred to in section 23.

             (8)  In this section:

"qualified person" means a person who carries on, and is entitled to carry on, an occupation that involves the provision of care for the physical or mental health of people or for their well-being, and, without limiting the generality of the foregoing, includes any of the following:

                     (a)  a medical practitioner;

                     (b)  a psychiatrist;

                     (c)  a psychologist;

                     (d)  a marriage guidance counsellor;

                     (e)  a social worker.