Freedom of Information Act 1982

PART IV - EXEMPT DOCUMENTS  

Division 2 - Exemptions  

SECTION 38   Documents to which secrecy provisions of enactments apply  

38(1)    
Subject to subsection (1A) , a document is an exempt document if:

(a)    

disclosure of the document, or information contained in the document, is prohibited under a provision of an enactment or a Norfolk Island law; and

(b)    

either:

(i) that provision is specified in Schedule 3 ; or

(ii) this section is expressly applied to the document, or information, by that provision, or by another provision of that enactment or law or any other enactment or Norfolk Island law.

38(1A)    

A person ' s right of access to a document under section 11 or 22 is not affected merely because the document is an exempt document under subsection (1) of this section if disclosure of the document, or information contained in the document, to that person is not prohibited by the enactment or law concerned or any other enactment or Norfolk Island law.

38(2)    

Subject to subsections (3) and (3A) , if a person requests access to a document, this section does not apply in relation to the document so far as it contains personal information about the person.

38(3)    

This section applies in relation to a document so far as it contains personal information about a person if:

(a)    the person requests access to the document; and

(b)    disclosure of the document, or information contained in the document, is prohibited under section 503A of the Migration Act 1958 as affected by section 503D of that Act.

38(3A)    

This section applies in relation to a document so far as it contains personal information about a person if:

(a)    the person requests access to the document; and

(b)    disclosure of the document, or information contained in the document, is prohibited under subsection 29A(7) of the Research Involving Human Embryos Act 2002 .

38(4)    
(Repealed by No 154 of 2020)