Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Information is exempt information if its disclosure under this Act would involve the unreasonable disclosure of information relating to the personal affairs of a person.
(2) Subsection (1) does not include information relating to the personal affairs of the person making the request.
(3) Before deciding whether to provide personal information relating to a person (other than the person making the request) an agency or Minister shall, if practicable –
(a) notify that person that the agency or Minister has received a request for the information; and
(b) state the nature of the information requested; and
(c) seek that person's view as to whether the information should be provided.
(4) If an agency or Minister, after seeking a person's view in accordance with subsection (3)(c), decides to provide the information requested the agency or Minister shall notify that person of the decision.
(5) A notice under subsection (4) shall –
(a) state the nature of the information to be provided; and
(b) if the decision was made on behalf of an agency – state the name and designation of the person who made the decision; and
(c) inform the person to whom the notice is addressed of –
(i) that person's right to apply for a review of the decision; and
(ii) the authority to which the application for review can be made; and
(iii) the time within which the application must be made.
(6) An agency or Minister shall not provide the information referred to in a notice given to a person under subsection (4) until –
(a) 28 days after that person has been notified; or
(b) if during those 28 days the person applies for a review of the decision – that review or any subsequent review determines that the information should be provided.
(7) If –
the principal officer or Minister may direct that the information should not be provided to the person who made the request but should instead be provided to a legally qualified medical practitioner nominated by that person and approved by the principal officer or Minister.(a) a request is made to an agency or Minister for information of a medical or psychiatric nature concerning the person making the request; and
(b) it appears to the principal officer of the agency or to that Minister that the provision of the information to that person might be prejudicial to the physical or mental health or well-being of that person –
(8) This section does not affect the procedures for access to adoption records contained in the Adoption Act 1988.