Act No. 13 of 2009
An Act about rights to government and other information. Preamble: Parliament's reasons for enacting this Act are— 1 Parliament recognises that in a free and democratic society— (a) there should be open discussion of public affairs; and (b) information in the government's possession or under the government's control is a public resource; and (c) the community should be kept informed of government's operations, including, in particular, the rules and practice followed by government in its dealings with members of the community; and (d) openness in government enhances the accountability of government; and (e) openness in government increases the participation of members of the community in democratic processes leading to better informed decision-making; and (f) right to information legislation contributes to a healthier representative, democratic government and enhances its practice; and (g) right to informati
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In this Act, an entity to which this Act does not apply means—
In this Act— processing period, for an application to an agency or Minister—
revision period, for
(1) This section applies in relation to a decision being made in a proceeding or process about whether a common law or statutory rule prevents the production or disclosure of information in connection with Cabinet because the production or disclosure would be contrary to the public interest.
(2) In the making of the decision, the following matters must be disregarded in assessing the public interest—
(3) In this section— Cabinet information means information contained in a document mentioned in schedule 3, section 2(3). proceeding or process includes any extra-curial proceeding or inquisitorial or investigative process carried out under an Act.
Information may be accessed other than by application under this Act.
(1) An agency must make copies of each of its policy documents available for inspection and purchase by the public.
(2) However, nothing in this section prevents an agency from deleting exempt information or contrary to public interest information from a copy of a policy document.
(3) A person must not be subjected to any prejudice because of the application of the provisions of an agency's policy document (other than provisions the agency is permitted to delete from a copy of the document) to any act or omission of the person if, at the time of the act or omission—
(1) An agency, other than an excluded entity, must publish a scheme (a publication scheme) setting out—
(2) However, an agency (the relevant agency) may comply with subsection (1) if another agency publishes a scheme setting out—
(3) An agency publishing a publication scheme must ensure that the publication scheme complies with any guidelines about publication schemes published by the Minister on the Minister's website.
(4) In this section— excluded entity means a prescribed entity under section 16.
Without limiting another way an agency may disclose information, it may disclose information under a publication scheme.
(1) A Minister does not incur civil liability as a result of, or in connection with, disclosing information under a publication scheme or other administrative scheme in good faith.
(2) If subsection (1) prevents liability attaching to a Minister, the liability attaches instead to the State.
(1) Subject to this Act, a person has a right to be given access under this Act to—
(2) Subsection (1) applies to documents even if they came into existence before the commencement of this Act.
(1) A person who wishes to be given access to a document of an agency or a document of a Minister under this Act may apply to the agency or Minister for access to the document.
(2) The application must—
(3) Also, if the application is for access to a document containing personal information of the ap
(1) Without limiting the ability of persons to make applications for children, an access application may be made for a child by the child's parent.
(2) In this section— child means an individual who is under 18 years. parent— 1 Parent, of a child, is any of the following persons—
An access application may not be made or transferred to the information commissioner, the RTI commissioner or the privacy commissioner.
(1) An access application is taken only to apply to documents that are, or may be, in existence on the day the application is received.
(2) However, subsection (1) does not prevent an agency or Minister giving access to a document created after the application is received but before notice is given under section 54 (a post-application document).
(3) If the agency or Minister gives the applicant access to a post-application document—
(1) An access application for a document is taken not to include an application for access to metadata about the document unless the access application expressly states that it does.
(2) If an access application for a document expressly states that access to metadata about the document is sought, access to the metadata does not need to be given unless access is reasonably practicable.
(3) In this section— metadata, about a document, includes information about the document's content, author, publication date and physical location.
(1) An access application, however expressed, for a document does not require an agency or Minister to search for the document from a backup system.
(2) However, subsection (1) does not prevent an agency or Minister searching for a document from a backup system if the agency or Minister considers the search appropriate.
(1) An access application to an agency must be dealt with for the agency by the agency's principal officer.
(2) The agency's principal officer may delegate the power to deal with the application to another officer of the agency.
(3) Also, for an agency other than a local government, the agency's principal officer may, with the agreement of another agency's principal officer, delegate the power to deal with the application to the other agency's principal officer.
(4) The principal officer of the other agency may subdelegate a power delegated to him or her under subsection (3).
(5) However—
(1) An access application to a Minister may be dealt with by the person the Minister directs, either generally or in a particular case.
(2) However—
Division 2 Preliminary contact with applicant
(1) This section applies if—
(2) Within 10 business days after the purported application is received, the entity must give prescribed written notice to the applicant of the decision.
(1) This section applies if—
(2) The agency or Minister must make reasonable efforts to contact the person within 15 business days after the purported application is received and inform the person how the application does not comply with a relevant application requirement.
(3) An agency or Minister must not refuse to deal with an application because it does not comply with all relevant application requirements without first giving the applicant a reasonable opportunity to consult with a view to making an application in a form complying with all relevant application requirements.
(4) The applicant is taken to have made an application under this Act if and when the application is made in a form complying with all relevant application requirements.
(5) Su
(1) This section applies if, on its face, an access application made under this Act could have been made under the Information Privacy Act because the application is for access to a document to the extent it contains the applicant’s personal information.
(2) The agency or Minister must, within 15 business days after the application is received, inform the applicant that—
(3) If the applicant asks for the application to be dealt with under the Information Privacy Act—
(1) At any time before a deemed decision is taken to have been made in relation to an access application, the agency or Minister may ask the applicant for a further specified period to consider the application.
(2) Additional requests for further specified periods may be made under subsection (1).
(3) The agency or Minister may continue to consider the application and make a considered decision in relation to it only if—
(4) If a considered decision is made, the considered decision replaces any deemed decision for the purposes of this Act.
Note—
The agency or Minister must give prescribed written notice of the considered decision and the
(1) If a person makes an access application to an agency or Minister, the agency or Minister must—
(2) After receiving a charges estimate notice, the applicant may consult with the agency or Minister with a view to narrowing the application to reduce the applicable charges.
(3) If the applicant does not confirm, narrow or withdraw the access application within the prescribed period, the applicant is taken to have withdrawn the applicant’s application at the end of the prescribed period.
(4) If the applicant narrows the access application within the prescribed period, the
Division 3 Contact with relevant third party
(1) An agency or Minister may give access to a document that contains information the disclosure of which may reasonably be expected to be of concern to a government, agency or person (the relevant third party) only if the agency or Minister has taken the steps that are reasonably practicable—
(2) If disclosure of information may reasonably be expected to be of concern to a person but for the fact that the person is deceased, subsection (1)
Division 4 Transfers
(1) In this section—
agency includes a Minister.
(2) An agency to which an application has been made (the original agency) may transfer the application to another agency if—
(3) An application that is transferred from 1 agency to another agency is taken to have been made to the other agency.
(4) If—
this section (other than subsections (5) and (6)) applies to each of the documents as if separate applications had been made to the agency for each of the documents.
Part 4 Refusal to deal with application
(1) It is the Parliament’s intention that if an access application is made to an agency or Minister, the agency or Minister should deal with the application unless this would, on balance, be contrary to the public interest.
(2) Sections 40, 41 and 43 state the only circumstances in which the Parliament considers it would, on balance, be contrary to the public interest to deal with an access application.
(3) However, it is the Parliament’s intention that this Act should be administered with a pro-disclosure bias and an agency or Minister may deal with an access application even if this Act provides that the agency or Minister may refuse to deal with the application.
(1) This section applies if—
(2) The agency or Minister may refuse to deal with the application without having identified any or all of the documents.
(1) An agency or Minister may refuse to deal with an access application or, if the agency or Minister is considering 2 or more access applications by the applicant, all the applications, if the agency or Minister considers the work involved in dealing with the application or all the applications would, if carried out—
(2) Without limiting the matters to which the agency or Minister may have regard in making a decision under subsection (1), the agency or Minister must have regard to the resources that would have to be used—
(1) An agency or Minister may refuse to deal with an access application under section 41 only if—
(2) Following any consultation, the applicant may give the agenc
(1) This section applies if—
(2) For subsection (1)(a)—
Part 5 Decision
(1) It is the Parliament’s intention that if an access application is made to an agency or Minister for a document, the agency or Minister should decide to give access to the document unless giving access would, on balance, be contrary to the public interest.
(2) The purpose of this part is to help the agency or Minister decide whether giving access would, on balance, be contrary to the public interest by—
(3) Also, sections 50 and 51 set out circumstances concerning information about a child and personal healthcare information about an applicant in whi
If a person makes an access application for a document to an agency or Minister, the agency or Minister must—
(1) If an applicant is not given written notice of the decision by the end of the processing period for an access application for a document—
(2) As soon as practicable after a deemed decision is taken to have been made, the principal officer or Minister must give prescribed written notice of the decision to the applicant.
(1) This section sets out grounds on which access may be refused.
(2) It is the Parliament’s intention that—
(3) On an application, an agency may refuse access to a document of the agency and a Minister may refuse access to a document of the Minister—
(1) If an access application is made to an agency or Minister for a document, the agency or Minister must decide to give access to the document unless disclosure would, on balance, be contrary to the public interest.
(2) Schedule 3 sets out the types of information the disclosure of which the Parliament has considered would, on balance, be contrary to the public interest.
(3) However, despite an agency or Minister being able, under section 47(3)(a), to refuse access to all or part of a document, the agency or Minister may decide to give access.
(4) In this Act—
exempt information means the information that is exempt information under schedule 3.
(1) If an access application is made to an agency or Minister for a document, the agency or Minister must decide to give access to the document unless disclosure would, on balance, be contrary to the public interest.
(2) This section sets out the steps, and, in schedule 4, factors, the Parliament considers appropriate for deciding, for types of information (other than exempt information), whether disclosure would, on balance, be contrary to the public interest.
(3) If it is relevant for an agency or Minister to consider whether, on balance, disclosure of information would be contrary to the public interest, the agency or Minister must undertake the following steps—
(1) If an access application is made to an agency or Minister for a document, the agency or Minister must decide to give access to the document unless disclosure would, on balance, be contrary to the public interest.
(2) Despite schedule 3, section 12(2) and schedule 4, part 2, item 8, in relation to an application by or for a child for access to a document, the Parliament considers it would, on balance, be contrary to the public interest to give access to the document to the extent it comprises personal information of the child if the disclosure of the information would not be in the child’s best interests.
(3) In considering whether disclosure of the information would not be in the best interests of the child, the agency or Minister must, unless the access application was made for the child, have regard to whether the child has the capacity to—
(1) If an access application is made to an agency or Minister for a document, the agency or Minister must decide to give access to the document unless disclosure would, on balance, be contrary to the public interest.
(2) Despite schedule 3, section 12(2) and schedule 4, part 2, item 7, the Parliament considers it would, on balance, be contrary to the public interest to give access to a document to the extent it comprises relevant healthcare information of the applicant if the disclosure of the information might be prejudicial to the physical or mental health or wellbeing of the applicant.
Note—
Only a principal officer, Minister or appointed healthcare professional may decide whether disclosure might be prejudicial to the physical or mental health or wellbeing of the applicant—see sections 30(5) and 31(2).
(3) However, despite an agency or Minister being able, under section 47(3)(d), to refuse access to all or part of a document, the agency or t
(1) For section 47(3)(e), a document is nonexistent or unlocatable if—
Note—
Under the Public Records Act 2002, section 13, it is an offence to dispose of a public record without authority.
(2) Before an agency or Minister may be satisfied under subsection (1)(a) that a prescribed document does not exist, a search for the document from a backup system is required, but only if the agency or Minister considers the document has been kept in, and is retrievable from, the backup system.
(3) Subject to subsection
For section 47(3)(f), other access is available to a document if—
(1) An agency or Minister must give a prescribed written notice to an applicant for an access application of—
(2) In addition to the details that must be stated in a prescribed written notice, the notice must also specify the following—
(1) Nothing in this Act requires an agency or Minister to give information as to the existence or non-existence of a document containing prescribed information.
(2) For an access application for a document containing prescribed information, the agency or Minister may give a prescribed written notice that does not include the details mentioned in section 191(a) or (b) but, by way of a decision, states that—
(3) The prescribed written notice may be given in a schedule of relevant documents.
(4) To avoid any doubt, it is declared that a decision that states the matters mentioned in subsection (2) is a decision ref
Part 6 Charging regime
Division 1 Preliminary
In this Act, processing charge, in relation to an access application for a document, means the charge prescribed under a regulation for—
In this Act, access charge, in relation to an access application for a document, means the charge prescribed under a regulation in relation to giving access to the document.
It is the duty of the agency or Minister to minimise any charges payable by an applicant.
To remove any doubt, it is declared that no processing charge is payable in relation to a document to the extent the document contains information that is personal information of the applicant.
Division 2 Payment of charges
(1) Before an applicant for an access application for a document is given access to the document, the applicant must pay the applicable processing charge and access charge for the application.
(2) An applicant for an access application for a document must pay the applicable processing charge for the application even if—
(1) The amount payable for the processing charge for an access application may not be more than the estimated processing charge set out in the final charges estimate notice for the application.
(2) The amount payable for the access charge for an access application may not be more than the estimated access charge set out in the final charges estimate notice for the application.
If an applicant pays an agency or Minister an amount for the processing charge and access charge that is more than the amount of the processing charge and access charge ultimately payable under this Act, the agency or Minister must refund the difference to the applicant.
Division 3 Waiver of charges
A processing charge or access charge may be waived only under this division.
(1) A processing charge, or access charge, for an access application may be waived if the agency or Minister considers the likely associated costs to the agency or Minister would be more than the likely amount of the charge.
(2) In this section—
associated costs mean the costs of—
A processing charge may be waived under section 93(2).
(1) This section applies if, at any time, an applicant makes a written request to an agency or Minister that the applicable processing charge or access charge for the application be waived.
(2) The agency or Minister must decide to waive any processing charge, or access charge, for the application if—
(3) The agency or Minister must give the a
(1) The information commissioner may, on written application by a non-profit organisation, decide whether a non-profit organisation has financial hardship status by considering the nature and size of the organisation’s funding base and the amount of the organisation’s liquid funds.
(2) The commissioner must give a non-profit organisation that has applied for financial hardship status prescribed written notice of the decision.
(3) The commissioner’s decision that a non-profit organisation has financial hardship status has effect for 1 year from the date of the decision.
(4) While there is in effect a decision that a non-profit organisation has financial hardship status—
(1) Access to a document may be given to a person in 1 or more of the following forms—
(1) This section applies if an applicant for an access application for a document is given access to the document.
(2) The person may access the document—
(3) For subsection (2)(b)(i), the date of the decision to give the person access to the document is—
(1) This section applies if—
(2) The agency or Minister must ensure, by the adoption of appropriate procedures, that any information intended for the applicant is received—
(1) This section applies if—
(2) The agency or Minister must ensure, by the adoption of appropriate procedures, that any information intended for the child is received only by the parent.
(3) In this section—
child see section 25.
parent see section 25.
(1) An agency or Minister may defer giving access to a document for a reasonable period if the document was prepared—
and the document is yet to be presented or released, or included in a document to be presented or released, as the case may be.
(2) The agency or Minister must give the applicant written notice when access is no longer deferred under subsection (1).
(1) This section applies if giving access to a document will disclose to the applicant information the agency or Minister reasonably considers is not relevant to the access application for the document.
(2) The agency or Minister may delete the irrelevant information from a copy of the document and give access to the document by giving access to a copy of the document with the irrelevant information deleted.
(3) However, the agency or Minister may give access to the document under subsection (2) only if the agency or Minister considers it is reasonably practicable to give access to the copy.
(1) This section applies if—
(2) The agency or Minister must give access to a copy of the document from which the exempt information has been deleted.
(3) This section is subject to section 55.
(1) This section applies if—
(2) The agency or Minister must give access to a copy of the document from which the contrary to public interest information has been deleted.
(3) This section is subject to section 55.
(1) This section applies if—
(2) The agency or Minister must give access to a copy of the document from which the personal information has been deleted.
(3) This section is subject to section 55.
(1) This section applies if—
(2) The agency or Minister must give access to a copy of the document from which the relevant healthcare information has been deleted.
(3) This section is subject to section 55.
(1) This section applies if under this Act, other than under section 47(3)(d), an agency or a Minister refuses an applicant access to a document to the extent it comprises personal information of the applicant.
(2) Despite the refusal mentioned in subsection (1), the agency or Minister must consider whether it is consistent with the primary object of this Act to give the applicant, or a person nominated by the applicant and approved by the agency or Minister (an intermediary), a summary of the personal information on conditions of use or disclosure agreed between the agency or Minister and the intermediary, or between the agency or Minister, the intermediary and the applicant.
(3) However—
(1) This section applies if an agency or Minister refuses access to a document under section 47(3)(d).
(2) Despite the refusal, the agency or Minister may direct that access to the document is to be given instead to an appropriately qualified healthcare professional nominated by the applicant and approved by the agency or Minister.
Note—Only a principal officer, Minister or appointed healthcare professional may give this direction or approve the applicant’s nominated healthcare professional—see sections 30(5) and 31(2).
(3) The nominated and approved healthcare professional may decide—
(1) This section applies if a person makes a valid access application to a department or a Minister.
(2) The department or Minister must, as soon as practicable after the application is made, include the following information about the application in a disclosure log—
(3) If the department or Minister decides to give access to a document that does not contain personal information of the applicant and the applicant accesses the document within the access period, the following must be included in a disclosure log as soon as practicable after the applicant accesses the document—
(1) If an agency makes a decision in relation to an access application to give access to a document that does not contain personal information of the applicant and the applicant accesses the document within the access period—
(2) A person may access a document the details of which are included in a disclosure log under subsection (1)(b) for no charge and in the way mentioned in the disclosure log.
(3) If an agency decides to give access to a document that does not contain personal information of the applicant and the applicant fails to access the document within the access period, details identifying the document, and information about the way in which the document may be accessed and any a
(1) An agency maintaining a disclosure log must ensure the disclosure log complies with any guidelines published by the Minister on the Minister’s website (to the extent the guidelines are consistent with this Act).
(2) Without limiting subsection (1), an agency must delete from any document or information included in a disclosure log under section 78 or 78A, any information (including an individual’s name)—
In this part—
internal review means review under this part.
internal review application means an application for internal review.
(1) A person affected by a reviewable decision may apply to have the decision reviewed by the agency or Minister dealing with the application.
Notes—
(2) On an internal review of a decision, the reviewer must make a new decision as if the reviewable decision had not been made.
(3) An internal review application must not be decided by—
(4) Subsection (3) applies despite the Acts Interpretation Act 1954, section 27A.
To remove any doubt, it is declared that the following decisions in relation to an access application are not reviewable decisions for internal review—
An application for internal review of a decision must—
Note—Section 190 clarifies the powers of those acting for others.
(1) An agency or Minister must decide an internal review application as soon as practicable.
(2) However, if an agency or Minister does not decide an internal review application and notify the applicant of the decision within 20 business days after the internal review application is made, the agency’s principal officer or the Minister is taken to have made a decision at the end of the 20 business days affirming the original decision.
(3) As soon as practicable after a decision is made or taken to have been made under this section, the principal officer or Minister must give prescribed written notice of the decision to the applicant.
In this part—
external review means review by the information commissioner under this part.
external review application means an application for external review.
A person affected by a reviewable decision may apply to have the decision reviewed by the information commissioner.
Notes—
To remove any doubt, it is declared that a decision about the amount of a charge stated in a charges estimate notice is not a reviewable decision for external review.
(1) On an external review, the agency or Minister who made the decision under review has the onus of establishing that the decision was justified or that the information commissioner should give a decision adverse to the applicant.
(2) However, if the decision under external review is a disclosure decision, the participant in the external review application who opposes the disclosure decision has the onus of establishing that a decision not to disclose the document or information is justified or that the commissioner should give a decision adverse to the person who wishes to be given access to the document.
(3) In this section—
disclosure decision means—
(1) An application for external review must—
Note—Section 190 clarifies the powers of those acting for others.
(2) The application may contain details of the basis on which the applicant disputes the decision under review.
(1) The applicant for external review and the agency or Minister concerned are participants in an external review.
(2) Any other person affected by the decision the subject of the external review (including a government, agency or person whose views were required to be sought under section 37 before the decision was made) may apply to the information commissioner to participate in the external review.
(3) The commissioner may allow a person mentioned in subsection (2) to participate in the external review in the way the commissioner directs.
(1) If an external review application is made to the information commissioner, the commissioner must—
(2) Subsection (1) does not apply if the commissioner decides not to deal with, or to further deal with, the external review application under section 94.
(3) The commissioner may suspend an external review at any time to allow the participants in the external review to negotiate a settlement.
(4) If an external review is resolved informally—
If an application is made for external review of a deemed decision of an agency’s principal officer or a Minister, the information commissioner must inform the agency or Minister of the application as soon as practicable after it is made.
Before starting an external review of a decision, the information commissioner must inform the agency or Minister concerned that the decision is to be reviewed under this part.
(1) This section applies if—
(2) The commissioner may allow the agency or Minister further time to deal with the access application subject to the conditions the commissioner considers appropriate, including a condition that the application fee must be refunded or the applicable processing charge must be reduced or waived.
(3) If the agency or Minister does not deal with the access application and give the applicant for external review prescribed written notice of a considered decision within the further time, the agency’s principal officer or the Minister is taken, for the purpose of enabling a fresh external review application to be made, to have made, on the last
(1) The information commissioner may decide not to deal with, or not to further deal with, all or part of an external review application if—
(2) If the commissioner decides not to deal wi
(1) On an external review—
(2) The commissioner may, during an external review, give directions as to the procedure to be followed on the external review.
(1) During an external review, any participant must comply in a timely way with a reasonable request made by the information commissioner for assistance in relation to the review.
Examples—
(2) Subsection (1) applies even if the participant who is asked for assistance does not have the onus under section 87.
(1) If, during an external review, the information commissioner proposes to—
that part of the external review must be conducted in public unless the commissioner decides otherwise.
(2) In conducting an external review, the commissioner must—
(3) If the commissioner gives a participant an opportunity to appear before the commissioner, the participant may, with the approval of the commissioner, be represented by another person.
If an external review application is made, the information commissioner may, for the purpose of deciding—
make inquiries of the applicant for external review or the agency or Minister concerned.
(1) This section applies if—
(2) The commissioner may require the agency or Minister to give the applicant for external review and the commissioner an additional statement, as soon as practicable, but in any case within 20 business days, containing further and better particulars of the reasons for the decision.
If an external review application is made, the information commissioner is entitled to full and free access at all reasonable times to the documents of the agency or Minister concerned, including documents protected by legal professional privilege.
(1) This section—
(2) If a document relevant to an external review is a document—
the information commissioner may require the agency or Minister concerned to give the commissioner a written transcript of the words recorded or contained in the document.
(3) If—
(1) In the conduct of an external review of a decision to refuse access to a document, the information commissioner may require the agency or Minister concerned to conduct a particular further search, or to conduct further searches, for a document.
(2) In this section—
conduct further searches, for a document, includes make inquiries to locate the document.
(1) If the information commissioner has reason to believe that a person has information or a document relevant to an external review, the commissioner may give to the person a written notice requiring the person—
(2) The notice must state—
(3) If the commissioner has reason to believe that a person has information relevant to an external review, the commissioner may give to the person a written notice requiring the person to attend before the commissioner at a reasonable time and place specifi
(1) The information commissioner may administer an oath or affirmation to a person required under section 103 to attend before the commissioner and may examine the person on oath or affirmation.
(2) The oath or affirmation to be taken or made by a person for the purposes of this section is an oath or affirmation that the answers the person will give will be true.
Note—A person must not give false or misleading information—see section 177.
(1) In the conduct of an external review, the information commissioner has, in addition to any other power, power to—
(2) If it is established that a document is an exempt document or a contrary to public interest document, or contains exempt information or contrary to public interest information, the commissioner does not have power to direct that access to the document, or the document to the extent of the information, is to be given.
(3) Any decision of the commissioner under this section has the same effect as a decision of the agency or Minister.
(1) No obligation to maintain secrecy or other restriction on the disclosure of information obtained by or given to agencies or Ministers, whether imposed under an Act or a rule of law, applies to the disclosure of information to the information commissioner for the purposes of an external review.
(2) Legal professional privilege does not apply to the production of documents or the giving of evidence by a member of an agency or a Minister for the purposes of an external review.
(3) Subject to subsections (1) and (2), every participant in an external review has the same privileges in relation to the giving of evidence and producing documents and things that the person would have as a witness in a proceeding before a court.
(1) On an external review, the information commissioner must do all things necessary to ensure that any document that is given to the commissioner and is the subject of the decision being reviewed—
(2) Despite subsection (1)(b), if an agency or Minister gives the commissioner a copy of a document for an external review, the commissioner may destroy the copy at the end of the review.
(1) On an external review, the information commissioner may give the directions the commissioner considers necessary to avoid the disclosure to an access participant or an access participant’s representative of—
(2) The commissioner may receive evidence, or hear argument, in the absence of an access participant or an access participant’s representative if it is necessary to do so to prevent disclosure to that person of information that is claimed to be exempt information or contrary to public interest information.
(3) The commissioner must not, in a decision on an external review or in reasons for a decision on an external review, include information that is claimed to be exempt information or contrary to public interest information.
(4) I
(1) This section applies if an agency or Minister gives a notice under section 55(2) and the information commissioner is satisfied that the document concerned does not include prescribed information.
(2) Section 108(3) does not apply.
(3) Section 110 applies except that the commissioner must—
(4) Further, if the commissioner directs that access to the document
(1) The information commissioner, after conducting an external review of a decision, must make a written decision—
(2) To remove any doubt, it is declared that subsection (1) does not apply if the external review is resolved informally.
(3) The commissioner must include in the decision the reasons for the decision.
(4) The commissioner must give a copy of the decision to each participant.
(5) If—
the commissioner must take reasonable steps to notify the person of the release.
(6) The commissioner must arrange to have decisions and reasons for
(1) This section applies if the information commissioner considers—
(2) The commissioner may, on application by a participant or on the commissioner’s own initiative, at any time correct the error.
The costs incurred by a participant to an external review are payable by the participant.
(1) If the information commissioner, at the completion of an external review, is of the opinion that—
the commissioner must bring the evidence to the notice of—
(2) Also, if the commissioner, at the completion of an external review, is of the opinion that—
(1) The information commissioner may, on the commissioners own initiative or on the application of 1 or more agencies, declare in writing that a person is a vexatious applicant.
(2) The commissioner may make the declaration in relation to a person only if the commissioner is satisfied that
(3) The commissioner must not make the declaration in relation to a person without giving the person an opportunity to make written or oral submissions.
(4) A declaration has effect subject to the terms and conditions, if any, sta
(1) The information commissioner may vary or revoke a declaration made under section 114.
(2) The commissioner may vary or revoke the declaration on the commissioners own initiative or on the application of the person subject to the declaration.
In this part
appeal tribunal means the appeal tribunal under the QCAT Act.
judicial member see the Queensland Civil and Administrative Tribunal Act 2009.
Note
Section 190 clarifies the powers of those acting for others.
(1) The information commissioner may, at the request of a participant in an external review or on the commissioners own initiative, refer a question of law arising on an external review to QCAT.
(2) QCAT must
(3) If a question of law is referred to QCAT under this section, the commissioner must not make a decision on the external review while the reference is pending.
(4) If QCAT decides a question of law referred to it under this section, the commissioner is bound by the decision.
(1) A participant in an external review may appeal to the appeal tribunal against a decision of the information commissioner on the external review.
(2) The appeal may only be on a question of law.
(3) The notice of appeal must, unless the appeal tribunal orders otherwise
(4) The appeal tribunal
(5) The appeal may only be by way of a rehearing.
A non-profit organisation may apply, as provided under the QCAT Act, to QCAT for a review of a decision of the information commissioner made under section 67.
A person subject to a declaration made under section 114 may apply, as provided under the QCAT Act, to QCAT for a review of a decision of the information commissioner to declare the person a vexatious applicant.
(1) Anything done under this Act involving QCAT must be done in accordance with QCAT rules and procedures.
Examples
(2) For the QCAT Act, section 43(2)(b)(iii), a person may be represented before QCAT by a lawyer on a reference of a question of law under section 118 or on an appeal on a question of law under section 119.
(3) In this section
QCAT rules and procedures means the rules and procedures applying to QCAT under the QCAT Act.
(1) There is to be an Information Commissioner.
(2) The commissioner is an officer of the Parliament.
(3) The Office of the Information Commissioner established under the repealed Freedom of Information Act 1992 is continued in existence.
(4) The OIC consists of the commissioner and the staff of the office.
(1) The OIC is a statutory body for the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982.
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which the OICs powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982.
The information commissioner has power to do all things that are necessary or convenient to be done for or in connection with the performance of the commissioners functions under an Act.
(1) The information commissioner is not subject to direction by any person about
(2) Subsection (1) has effect despite the Public Sector Act 2022.
The information commissioner controls the OIC.
(1) The functions of the information commissioner include giving information and help to agencies and members of the public on matters relevant to this Act, in particular, by
The functions of the information commissioner include
(1) The functions of the information commissioner include investigating and reviewing decisions of agencies and Ministers under chapter 3, part 9.
(2) The functions of the commissioner also include investigating and reviewing whether, in relation to the decisions, agencies and Ministers have taken reasonable steps to identify and locate documents applied for by applicants.
(1) The functions of the information commissioner include reviewing and reporting on agencies in relation to the operation of this Act and the Information Privacy Act, chapter 3, including by
(2) The commissioner must, as soon as practicable after finishing a review, give a report about the outcome of the review to the parliamentary committee.
(3) In this section
agency includes a Minister.
(1) The information commissioner also has power to issue a guideline about a matter for or in connection with any of the commissioners functions.
(2) The commissioner must publish the guideline on the commissioners website.
(3) Without limiting subsection (1), the commissioner may issue a guideline about any of the following matters
(1) For each financial year, the information commissioner must develop, adopt and submit to the Minister a budget for the OIC not later than the day the Minister directs.
(2) A budget has no effect until approved by the Minister.
(3) During a financial year the commissioner may develop, adopt and submit to the Minister amendments to the OICs budget.
(4) An amendment has no effect until approved by the Minister.
(5) The OIC must comply with its budget.
(6) This section does not require the commissioner to give the Minister any details that would, if given, prejudice a current investigation or review by the commissioner.
(1) The information commissioner is appointed by the Governor in Council.
(2) The commissioner is appointed under this Act and not under the Public Sector Act 2022.
(1) A person may be appointed as information commissioner only if
(2) For subsection (1)(c), the parliamentary committee
(1) The information commissioner holds office for the term, of not more than 5 years, stated in the instrument of appointment.
(2) However, a person being reappointed as information commissioner can not be reappointed for a term that would result in the person holding office as information commissioner for more than 10 years continuously.
(1) The information commissioner must be paid remuneration and other allowances decided by the Governor in Council.
(2) The remuneration paid to the commissioner must not be reduced during the commissioners term of office without the commissioners written consent.
(3) In relation to matters not provided for by this Act, the commissioner holds office on the terms and conditions decided by the Governor in Council.
(4) The Minister may make a recommendation to the Governor in Council regarding the remuneration, allowances, and terms and conditions of office only with the approval of the parliamentary committee.
(5) For subsection (4), the parliamentary committee
The information commissioner is entitled to the leave of absence decided by the Governor in Council.
(1) A public service officer who is appointed to the office of information commissioner or who is appointed to act in the office is entitled to retain all existing and accruing rights as if service in the office were a continuation of service as a public service officer.
(2) If the person stops holding the office for a reason other than misconduct, the person is entitled to be employed as a public service officer.
(3) The person must be employed on the classification level and remuneration that the Public Sector Commission or another entity prescribed under a regulation considers the person would have attained in the ordinary course of progression if the person had continued in employment as a public service officer.
(1) Before performing the duties of office, the information commissioner must make an oath or affirmation to the effect that he or she will faithfully and impartially perform the duties of the office.
(2) The oath must be administered by the Speaker.
(1) This section applies to the information commissioner on appointment.
Note
Appointment includes reappointment. See the Acts Interpretation Act 1954, schedule 1, definition appoint.
(2) The information commissioner must, within 1 month, give the Speaker a statement setting out the information mentioned in subsection (3) in relation to
(3) The information to be set out in the statement is the information that would be required to be disclosed under the Parliament of Queensland Act 2001, section 69B if the information commissioner were a member of the Legislative Assembly.
(4) Subsections (5) and (6) apply if, after the giving of the statement
(1) If the information commissioner has an interest that conflicts or may conflict with the discharge of the information commissioners responsibilities, the information commissioner
(2) If the conflict or possible conflict between an interest of the information commissioner and the information commissioners responsibilities is resolved, the information commissioner must give to the Speaker and parliamentary committee a statement advising of the action the information commissioner took to resolve the conflict or possible conflict.
(3) A reference in this section to an interest or to a
(1) The information commissioner must not, without the Ministers prior approval in each particular case
(2) Contravention of subsection (1) is misconduct under section 160(a).
(1) The information commissioner may resign by signed notice given to the Minister.
(2) As soon as practicable after the notice is given to the Minister, the Minister must
(3) Failure to comply with subsection (2) does not affect the effectiveness of the resignation.
(1) The Governor in Council may appoint a person to act as information commissioner
(2) The acting information commissioner is appointed under this Act and not the Public Sector Act 2022.
(3) Before performing the duties of office, the acting information commissioner must make an oath or affirmation to the effect that he or she will faithfully and impartially perform the duties of the office.
(4) The oath must be administered by the Speaker.
(5) The Acts Interpretation Act 1954, section 25(1)(b)(iv) and (v) does not apply to the office of acting information commissioner.
(1) The staff of the OIC must be employed under the Public Sector Act 2022.
(2) However, subsection (1) does not apply to the RTI commissioner or the privacy commissioner.
The information commissioner may delegate to a member of the staff of the OIC all or any of the commissioners powers under this Act.
(1) The staff of the OIC are not subject to direction by any person, other than the information commissioner or a person authorised by the commissioner, about the way in which the commissioners powers under an Act are to be exercised.
(2) Subsection (1) has effect despite the Public Sector Act 2022.
(1) There is to be a Right to Information Commissioner (the RTI commissioner).
(2) The RTI commissioner is a member of the staff of the OIC.
(1) The RTI commissioners role is that of a deputy to the information commissioner, with particular responsibility for matters relating to the information commissioners functions under this Act.
(2) The RTI commissioners function is to perform the functions of the information commissioner under this Act to the extent the functions are delegated to the RTI commissioner by the information commissioner.
The RTI commissioner is subject to the direction of the information commissioner.
(1) The RTI commissioner is appointed by the Governor in Council.
(2) The commissioner is appointed under this Act and not under the Public Sector Act 2022.
(1) A person may be appointed as RTI commissioner only if
(2) Subsection (1)(a) and (b)(i) does not apply to the reappointment of a person as RTI commissioner.
(1) The RTI commissioner holds office for the term, of not more than 5 years, stated in the instrument of appointment.
(2) However, a person being reappointed as RTI commissioner can not be reappointed for a term that would result in the person holding office as RTI commissioner for more than 10 years continuously.
(1) The RTI commissioner must be paid remuneration and other allowances decided by the Governor in Council.
(2) The remuneration paid to the commissioner must not be reduced during the commissioners term of office without the commissioners written agreement.
(3) In relation to matters not provided for by this Act, the commissioner holds office on the terms and conditions decided by the Governor in Council.
The information commissioner may approve a leave of absence for the RTI commissioner in accordance with entitlements available to the RTI commissioner under the RTI commissioners conditions of office.
(1) A public service officer who is appointed to the office of RTI commissioner or who is appointed to act in the office is entitled to retain all existing and accruing rights as if service in the office were a continuation of service as a public service officer.
(2) If the person stops holding the office for a reason other than misconduct, the person is entitled to be employed as a public service officer.
(3) The person must be employed on the classification level and remuneration that the Public Sector Commission or another entity prescribed under a regulation considers the person would have attained in the ordinary course of progression if the person had continued in employment as a public service officer.
(1) The RTI commissioner must not, without the Ministers prior approval in each particular case
(2) Contravention of subsection (1) is misconduct under section 160(a).
(1) The RTI commissioner may resign by signed notice given to the Minister.
(2) As soon as practicable after the notice is given to the Minister, the Minister must
(3) Failure to comply with subsection (2) does not affect the effectiveness of the resignation.
(1) The Governor in Council may appoint a person to act as RTI commissioner
(2) The acting RTI commissioner is appointed under this Act and not the Public Sector Act 2022.
(3) The Acts Interpretation Act 1954, section 25(1)(b)(iv) and (v) does not apply to the office of acting RTI commissioner.
In this part
commissioner means the information commissioner, the RTI commissioner or the privacy commissioner.
The following are grounds for removal or suspension of a commissioner from office
(1) The Governor may, on an address from the Assembly, remove a commissioner from office.
(2) The motion for the address may be moved only by the Premier.
(3) The Premier may move the motion only if
(1) The Governor may, on an address from the Assembly, suspend a commissioner from office.
(2) The motion for the address may be moved only by the Premier.
(3) The Premier may move the motion only if
(4) The commissioner is entitled to be paid salary and allowances for the period of the suspension only if
(1) If the Assembly is not sitting, the Governor in Council may suspend a commissioner from office.
(2) The Governor in Council may suspend the commissioner only if
(3) The Premier must table the statement and any written response by the commissioner in the Assembly within 3 sitting days after the day the suspension begins.
(4) The suspension stops having effect
(5) If the suspension stops having effect under subsection (4)(a), the commissioner is entitled to be paid salary and allowances for the period of the suspension.
The Acts Interpretation Act 1954, section 25(1)(b)(i) to (iii) does not apply to the removal or suspension of a commissioner.
(1) The information commissioner or a member of the staff of the OIC can not be compelled
(2) In this section
RTI document means a document received, or created, by the commissioner or a member of the staff of the OIC in performing functions under this Act.
RTI information means information that the commissioner or a member of the staff of the OIC obtained in performing functions under this Act.
third party legal proceedings means a legal proceeding other than
If a proceeding arising out of the performance of the functions of the information commissioner is started by the State, the reasonable costs of a party to the proceeding must be paid by the State.
The information commissioner or RTI commissioner is entitled to appear and be heard in a proceeding arising out of the performance of the functions of the information commissioner.
(1) The Attorney-General may, for the State, intervene in a proceeding before a court arising out of the performance of the functions of the information commissioner under this Act.
(2) If the Attorney-General intervenes
In this part
access was required or permitted to be given under this Act means access was required or permitted to be given under this Act, other than under section 20 or 21.
(1) If a person has been given access to a document and
then
(2) The giving of access to a document (including an exempt document or a contrary to public interest document) because of an access application or under section 78 or 78A mus
(1) If a document has been published and
then
If access has been given to a document and
neither the person authorising the access nor any other person concerned in the giving of the access commits a criminal offence merely because of authorising or giving of the access.
If a document has been published and
the person authorising publication and any other person concerned in the publication of the document do not commit a criminal offence merely because of authorising or being concerned in the publication.
(1) A relevant entity does not incur civil liability for an act done or omission made honestly and without negligence under this Act.
(2) A liability that would, other than for this section, attach to a relevant entity attaches instead to the State.
(3) In this section
relevant entity means any of the following
(1) A person must not give a direction, either orally or in writing to a person required or permitted to make a decision under this Act directing the person to make a decision the person believes is not the decision that should be made under this Act.
Maximum penalty100 penalty units.
(2) Subsection (1) does not apply to the information commissioner or a person authorised by the commissioner in relation to a direction that may be given to a member of the staff of the OIC under section 146.
(3) A person must not give a direction, either orally or in writing to
directing the person to act contrary to the requirements of this Act.
Maximum penalty100 penalty units.
A person must not, in order to gain access to a document containing another persons personal information, knowingly deceive or mislead a person exercising powers under this Act.
Maximum penalty100 penalty units.
(1) A person must not give information to the information commissioner, or a member of the staff of the OIC, that the person knows is false or misleading in a material particular.
Maximum penalty100 penalty units.
(2) Subsection (1) does not apply to information given in a document, if the person when giving the document
(3) It is enough for a complaint against a person for an offence against subsection (1) to state that the information was false or misleading, without specifying whether it was false or whether it was misleading.
A person given notice under section 103 to—
must not, without reasonable excuse, fail to do so.
Maximum penalty—100 penalty units.
If a person is or has been the information commissioner or a member of the staff of the OIC, the person must not—
Maximum penalty—100 penalty units.
(1) Without limiting section 4, this Act does not affect the provisions of the Public Records Act 2002 relating to the giving of access to documents by the Queensland State Archives.
(2) Without limiting section 6, the Public Records Act 2002 does not prevent a person being given access to a document in the custody of Queensland State Archives to which a person may be given access under this Act.
A document that—
is available for access to members of the community under this Act, subject to any restrictions or conditions imposed by the person—
(1) For the purposes of this Act, a document that—
is taken to be in the agency’s possession, or, if the agency no longer exists, to be in the possession of the agency whose functions are most closely related to the document, if the agency is entitled to access to the document.
(2) For the purposes of this Act, a document that has been placed by an agency (including the Queensland State Archives) in a place of deposit under the Libraries Act 1988 (whether before or after the commencement of this part) or the Public Records Act 2002 is taken to be in the agency’s possession, or, if the agency no longer exists, the agency whose functions are most closely related to the document, if the agency is entitled to access to the docum
(1) The Minister must review this Act and the review must start no later than 2 years after the commencement of this section.
(2) The objects of the review include—
(3) The Minister must, as soon as practicable after finishing the review, table a report about the outcome of the review in the Assembly.
(1) The information commissioner may make a report to the Speaker on matters relating to a particular external review.
(2) The commissioner must, as soon as practicable after the end of each financial year, give the Speaker and parliamentary committee a report of the operations of the OIC during that year.
(3) A report under subsection (2) must include, in relation to the financial year to which it relates, details of the matters prescribed under a regulation.
(4) The parliamentary committee may require the commissioner to prepare and give the committee a report on a particular aspect of the performance of the commissioner’s functions.
(5) If a report of the commissioner is given to the Speaker or the parliamentary committee, the Speaker or the chairperson of the committee must cause the report to be tabled in the Assembly on the next sitting day after it is given.
(1) The Minister administering this Act shall, as soon as practicable after the end of each financial year, prepare a report on the operation of this Act during that year and cause a copy of the report to be tabled in the Assembly.
(2) A report under subsection (1) must include, in relation to the financial year to which it relates, details of the matters prescribed under a regulation.
(1) Strategic reviews of the OIC must be conducted under this section and sections 187 and 188.
(2) The first review under this section must be conducted within 4 years after the commencement of this section.
(3) Subject to subsection (2), a strategic review must be conducted at least every 5 years, counting from the date of the report (the earlier report) for the most recent earlier strategic review up to when the reviewer is appointed under subsection (5) to undertake the latest review.
(4) However, if the parliamentary committee reported to the Assembly about the earlier report, and the committee’s report made recommendations to which a Minister was required to respond under the Parliament of Queensland Act 2001, section 107 the 5 years is counted from when the Minister’s response was tabled under that section.
(5) Each strategic review must be undertaken by an appropriately qualified person (reviewer), appointed by the Governor in Council, who must g
In conducting a strategic review—
(1) The reviewer must give a copy of a proposed report on the strategic review to the Minister and the information commissioner.
(2) The commissioner may, within 15 business days after receiving the proposed report, give the reviewer written comments on anything in the proposed report.
(3) If the commissioner comments under subsection (2), the reviewer must—
(4) After complying with subsections (1) and (3), the reviewer must give the report (strategic review report) to the parliamentary committee, the Minister and the commissioner.
(5) The strategic review report must be the same as the proposed report given to them under subsection (1), a
The parliamentary committee has the following functions under this Act—
(1) To remove any doubt, it is declared that, in relation to an application or other matter under this Act—
(2) In this section—
child see section 25.
parent see section 25.
If an agency or Minister must give a person a prescribed written notice of a decision under this Act, the notice must be in writing and state the following details—
The chief executive may approve forms for use under this Act.
The Governor in Council may make regulations under this Act.
The Freedom of Information Act 1992, No. 42 is repealed.
In an Act or document, if the context permits, a reference to the Freedom of Information Act 1992 is taken to be a reference to this Act.
The person who, immediately before the commencement of section 123, was the information commissioner under the repealed Freedom of Information Act 1992—
The person who, immediately before the commencement of section 143, was the acting information commissioner under the repealed Freedom of Information Act 1992—
An appointment of a person as information commissioner or RTI commissioner after the enactment of this Act is not to be taken to be invalid only because action was taken in relation to the filling of the role of information commissioner or RTI commissioner before the enactment.
(1) The repealed Freedom of Information Act 1992 continues to apply in relation to an application under that Act that has not been finalised before the commencement of this section as if this Act had not been enacted.
(2) For subsection (1), an application has not been finalised until—
The repealed Freedom of Information Act 1992, section 31A continues to apply if a person is given access under that Act to a document whether before or after the commencement of this section.
The repealed Freedom of Information Act 1992, section 18 continues to apply to an agency until the agency publishes a statement of affairs under that section.
For section 43, a first application may be an application under the repealed Freedom of Information Act 1992.
(1) If a person may appeal to the appeal tribunal under section 119 before QCAT comes into existence, the person may appeal to the appeal tribunal within 20 business days after QCAT comes into existence.
(2) If a person may, within a period, apply to QCAT under section 120 or 121 before QCAT comes into existence, the person may apply to QCAT within that period after QCAT comes into existence.
In this part—
relevant period means the period starting on 1 July 2009 and ending immediately before the commencement of this part.
(1) A delegation, or an amendment of a delegation, made by a principal officer under this Act during the relevant period is taken to be, and always to have been, as valid as if section 30, as in force immediately after the commencement of this part, had been in force on the day the delegation, or the amendment, was made.
(2) A direction given by a Minister under this Act during the relevant period is taken to be, and always to have been, as valid as if section 31, as in force immediately after the commencement of this part, had been in force on the day the direction was given.
(1) A decision made during the relevant period stating the matters mentioned in section 55(2) is, and always has been, a reviewable decision under this Act as if section 55, as in force immediately after the commencement of this part, had been in force on the day the decision was made.
(2) Despite section 82(c) or 88(1)(d), an application for internal review or external review in relation to the decision may be made within 20 business days after the commencement of this part.
(3) If an application for internal review or external review in relation to the decision is made before the commencement of this part, for the purposes of any review, the application is taken to have been made immediately after the commencement of this part.
(1) This section applies to the person who, immediately before the commencement of this section, was the information commissioner.
(2) The person must comply with section 140A(2) within 1 month after the commencement of this section.
(1) Schedule 1, section 16 applies in relation to a document created, or received, on or after 15 July 2016.
(2) A document to which schedule 1, section 16 applies is taken always to have been a document to which this Act does not apply.
(1) This section applies to information that was exempt information under schedule 3, former section 4A before the commencement.
(2) The information continues to be exempt information under schedule 3 for 10 years after—
(3) This section does not apply to the information if the information is officially published by decision of the Brisbane City Council after the commencement.
(4) In this section—
committee means the Establishment and Coordination Committee under the City of Brisbane Act 2010 and includes the Establishment and Coordination Committee, as constituted from time to time before 1 July 2010, under a local law of the Brisbane City Council.
former, for a provision, means as in force before the co
(1) A document of a type mentioned in former schedule 1, section 11 is taken to be a document to which this Act does not apply, even if the document is created or amended after the commencement.
(2) In this section—
former schedule 1, section 11 means schedule 1, section 11 of this Act as in force immediately before the section was amended by the Biodiscovery and Other Legislation Amendment Act 2020, part 3.
In this part—
amendment Act means the Integrity and Other Legislation Amendment Act 2024.
former, for a provision of this Act, means the provision as in force from time to time before the commencement.
new, for a provision of this Act, means the provision as in force from the commencement.
(1) New sections 135(1) and 137(4) do not apply in relation to the appointment of a person as the information commissioner in effect immediately before the commencement.
(2) New section 186(8) does not apply in relation to the appointment of a reviewer in effect immediately before the commencement.
(1) This section applies in relation to a strategic review conducted before the commencement if the strategic review report for the review has not been given under former section 188(4).
(2) Former section 188 continues to apply in relation to the strategic review as if the amendment Act had not been enacted.
(3) New section 188 does not apply in relation to the strategic review.
A document created or received before the commencement by the Prostitution Licensing Authority for the repealed Prostitution Act 1999 continues, on the commencement, to be a document to which this Act does not apply under section 11.
In this chapter—
change of ownership means the beginning of the day notified by the Treasurer by gazette notice for this chapter.
commencement means the commencement of this chapter.
interim period means the period from the commencement to the change of ownership.
member of QR Group means QR Limited or a related body corporate of QR Limited.
QR Limited means QR Limited ACN 124 649 967.
related body corporate has the meaning given in the Corporations Act.
Treasurer means the Minister who administers the Financial Accountability Act 2009.
A member of QR Group is taken to be an agency for the purposes of this Act during the interim period.
Until the change of ownership—
Either of the following documents—
A document—
A document to which the repealed Freedom of Information Act 1992 did not apply under section 11A of that Act.
A document to which the repealed Freedom of Information Act 1992 did not apply under section 11B of that Act.
Either of the following documents—
Matter is exempt information if the matter is—
(1) Information is exempt information for 10 years after its relevant date if—
(2) Subsection (1) does not apply to—
(3) Without limiting subsection (1), the following documents are taken to be documents comprised exclusively of exempt information under subsection (1)—
(3A) To remove any doubt, it is declared that—
(1) Information is exempt information if—
Information is exempt information for 10 years after the appointment of a Minister for a department if the information is brought into existence by the department to brief an incoming Minister about the department.
(1) Information brought into existence in the course of a local government's budgetary processes is exempt information for 10 years after the date it was brought into existence.
(2) Subsection (1) does not apply to information officially published by decision of the local government.
Information is exempt information if its disclosure would reveal—
Information is exempt information if its public disclosure would, apart from this Act and any immunity of the Crown—
Information is exempt information if it would be privileged from production in a legal proceeding on the ground of legal professional privilege.
(1) Information is exempt information if its disclosure would found an action for breach of confidence.
(2) However, deliberative process information is not exempt information under subsection (1) unless it consists of information communicated by an entity other than—
(3) In this section—
deliberative process information means information disclosing—
in the course of, or for the purposes of, the deliberative processes involved in the functions of government.
(1) Information is exempt information if its disclosure could reasonably be expected to damage the security of the Commonwealth or a State.
(2) For subsection (1), the security of the Commonwealth includes—
(3) For subsection (1), the security of a State includes matters relating to detecting, preventing or suppressing activities, whether within or outside the State, that are subver
(1) Information is exempt information if its disclosure could reasonably be expected to—
(1) Information is exempt information for the relevant period if its disclosure could reasonably be expected to disclose information about—
(2) In this section—
department means the department administered by the Minister having responsibility for business, industry development, and investment opportunities and attraction, as identified in the Administrative Arrangements and within which that responsibility is administered.
incentive includes any of the following—
(1) Information is exempt information if its disclosure is prohibited by 1 of the following provisions—
section 49
Note—Access to a document may be refused to the extent the document comprises information the disclosure of which would, on balance, be contrary to the public interest under section 49—see section 47(3)(b).
Part 1 Factors irrelevant to deciding the public interest
Part 2 Factors favouring disclosure in the public interest
section 10
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