NSW Caselaw
CITATION: Dezfouli v Justice Health (No 2) [2010] NSWADT 155
DIVISION: General Division
APPLICANT Saeed Dezfouli PARTIES: RESPONDENT Justice Health
FILE NUMBER: 083043
HEARING DATES: 21 January 2010
SUBMISSIONS CLOSED: 21 January 2010
DATE OF DECISION: 22 June 2010
BEFORE: Molony P - Judicial Member
CATCHWORDS: Freedom of Information Act - Access to documents - operations of agencies
LEGISLATION CITED : Freedom of Information Act 1989
Dezfouli v Justice Health [2006] NSWADT 27 CASES CITED: Dezfouli v Justice Health [2008] NSWADT 175 Dezfouli v Justice Health [2008] NSWADTAP 72
APPLICANT In person REPRESENTATION: RESPONDENT G Singh, solicitor
ORDERS: 1. Set aside the decision made on internal review, so as to grant Mr Dezfouli access to the entry in the progress notes timed at 0500 on 11 May 2007, with the exception of the name and signature of the Justice Health staff member who made that entry 2. Otherwise, the Tribunal affirms the initial decision made by Justice Health 21 December 2007.
REASONS FOR DECISION
Background 1 Mr Dezfouli is a forensic patient, having been detained under s 39 of the Mental Health (Criminal Procedure) Act 1990. He regularly makes application to Justice Health ('the Agency') for access to his medical records under the Freedom of Information Act 1989 (FOIA). On 18 October 2007 he sought access to his "entire medical records from 1 January 2006 to 10 July 2006 and from 1 January 2007 to date under the FOIA.
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