The complainant requested access to a letter written by his doctor to a specialist. The doctor maintained that letters written to specialists are "private" and in any case he had not retained a copy of the letter.

I noted that a specification that a document is "private" did not necessarily amount to a reason for withholding the information under the Privacy Act. However, in this case the complainant had obtained a copy of the letter he was seeking from another source. In this circumstance there seemed to be little to be gained from conducting an investigation.

I therefore exercised my discretion under section 71(2) deciding not to investigate the complaint.

1994

Access to personal information - Medical practitioner - Refusal - Request for referral letter - Reasons for discontinuing investigation - Privacy Act 1993, s 71(2) - Health Information Privacy Code 1993 (Temporary), rule 6