An employee was suspended on the grounds that he was suffering from a psychiatric illness. The employer asked him to undergo a psychiatric assessment by a doctor nominated by the employer. The employee refused to undergo such an assessment but went to a doctor he chose.

He supplied a medical report from his doctor to nominated people within the agency and asked that the report be kept confidential to them.

It was clear that the report he had obtained would be referred to in proceedings he intended to file in the Employment Court regarding his suspension.

Anticipating these proceedings, the employer sent a copy of the medical report to an independent doctor for an opinion. I was asked to investigate the disclosure to that doctor.

Principle 11(e)(iv) states that an agency holding personal information shall not disclose that information unless the agency believes, on reasonable grounds, that non-compliance is necessary for the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation).

I formed the opinion that the disclosure of the medical report did not breach information privacy principle 11 because the employer had reasonable grounds to believe that disclosure of the report to another doctor was necessary for the conduct of proceedings.

November 1996

Indexing terms: Disclosure of personal information - Employer - Medical report submitted to independent doctor for opinion - Proceedings contemplated - Information privacy principle 11(e)(iv)