Raiz and Professional Services Review

This matter concerned an application for freedom of information review brought by Dr Raiz, an anaesthetist, against Professional Services Review (PSR). Dr Raiz sought access to documents related to investigations conducted by the PSR into his alleged inappropriate medical practice. The PSR had claimed that certain documents were exempt from disclosure, either in full or in part, under provisions of the *Freedom of Information Act 1982* (Cth), specifically sections 47C and 47E(d), and also under section 42.

The legal issues before the Tribunal were whether the documents identified by the PSR were exempt from disclosure under the *Freedom of Information Act 1982*, and if any documents were conditionally exempt, whether their disclosure would be contrary to the public interest. The Tribunal was required to consider the nature of the documents, which related to the PSR's review and investigation process, and apply the relevant exemption provisions.

The Tribunal considered the evidence of Mr Bruce Neville Topperwein, Executive Officer and General Counsel of the PSR, which was accepted as Dr Raiz did not challenge it. The Tribunal disallowed Dr Raiz's late application to rely on an affidavit, finding no adequate explanation for the delay in providing the material. The Tribunal found that documents relating to legal advice were exempt from disclosure under section 42 of the Act. With respect to the remaining disputed documents, the Tribunal affirmed the PSR's decision that they were conditionally exempt under sections 47C and 47E(d) and that disclosure would be contrary to the public interest.