Health Ombudsman v Shermer (No 2)

The Health Ombudsman sought to enforce a disciplinary order against a medical practitioner, Shermer. The Queensland Civil and Administrative Tribunal had imposed conditions on Shermer’s registration, which mirrored those in an earlier undertaking with the National Board. These conditions related to Shermer's impairment, a matter that was not made public by the National Board. Shermer applied for an order to prevent the publication of any identifying information related to the Tribunal's proceedings and the materials presented to the Tribunal.

The court needed to determine if the conditions related to Shermer's impairment, which were not disclosed by the National Board, constituted "confidential information" as defined in section 66(2)(d) of the Queensland Civil and Administrative Tribunal Act 2009. Furthermore, the court had to consider whether the interests of justice warranted a non-publication order.

The court found that the impairment-related conditions were not inherently confidential and could be subject to public scrutiny. The Tribunal's decision to impose the conditions was transparent and in line with the National Board’s approach, and thus did not warrant a non-publication order. The court concluded that making such an order was not necessary to serve the interests of justice. Consequently, Shermer's application for a non-publication order was dismissed.