Greenleaf, Graham --- "Complaint: Annandale Dursing Homes and Department of Community Services (NSW)" [1994] PrivLawPRpr 86; (1994) 1(6) Privacy Law & Policy Reporter 111

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Complaint: Annandale Nursing Homes and Department of Community Services (NSW)

NSW Ombudsman - Annual Report 1993

Freedom of Information Act 1989 (NSW) - access via intermediaries

The applicant sought access to his mother's medical records. Access to all documents was to be given, but only on the condition that a doctor was present during examination of the documents. The applicant wished to examine the documents alone... The Ombudsman informed Annandale Nursing Homes that it could not compel the applicant to examine the documents in the presence of a doctor. The applicant was subsequently permitted to examine the documents alone.

Comment

The Commonwealth Freedom of Information Act 1982, s41(3) - (8) allows agencies to require that access to a document that contains information concerning the applicant which was provided by a ''qualified person' (medical practitioner, psychiatrist, psychologist, marriage guidance counsellor or social worker) should only be made available via such a qualified person of the applicant's choosing. However, these provisions would not be applicable in complaints such as this, as the information was not about the applicant, but about his mother.

Graham Greenleaf