Freedom of Information Act 1982
View history note
Hide history noteDiv 2 inserted by No 51 of 2010, s 3 and Sch 3 item 24, applicable in relation to requests for access made under section 15 of the Freedom of Information Act 1982 that are received at or after 1 November 2010.
(Repealed by No 51 of 2010)
S 41 repealed by No 51 of 2010, s 3 and Sch 3 item 27, applicable in relation to requests for access made under section
15
of the
Freedom of Information Act 1982
that are received at or after 1 November 2010. S 41 formerly read:
S 41(1) amended by Act No 137 of 1991, s 29(a). 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: S 41(3) amended by Act No 137 of 1991, s 29(b). the principal officer or Minister (as the case may be) must notify the qualified person that access to the document has been so given. S 41(4) inserted by Act No 137 of 1991, s 29(b). S 41(5) inserted by Act No 137 of 1991, s 29(b). 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:
S 41(6) inserted by Act No 137 of 1991, s 29(b).
SECTION 41 Documents affecting personal privacy
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).
41(2)
Subject to sub-section (3), the provisions of sub-section (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.
41(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;
(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.
41(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;
41(5)
Subsection (4) does not apply if it is not reasonably practicable to notify the qualified person.
41(6)
[Matters to be considered]
(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.
41(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.
S 41(7) inserted by Act No 137 of 1991, s 29(b).
41(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 wellbeing, 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.
The amendments to s 41 made by Act No 137 of 1991, s 29, ``apply to any document in respect of which a request for access was or is made under this Act before or after the commencement of [ the amending section], other than a request that was finally disposed of before the commencement of [ the amending section]. ' ' .
…
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.