Freedom of Information Act 1982

Div 2 inserted by No 51 of 2010, s 3 and Sch 3 item 24, applicable in relation to requests for access made under section   15 of the Freedom of Information Act 1982 that are received at or after 1 November 2010.

S 36 repealed by No 51 of 2010, s 3 and Sch 3 item 26, applicable in relation to requests for access made under section   15 of the Freedom of Information Act 1982 that are received at or after 1 November 2010. S 36 formerly read:

SECTION 36 Internal working documents  
36(1)
Subject to this section, a document is an exempt document if it is a document the disclosure of which under this Act:

(a) would disclose matter in the nature of, or relating to, opinion, advice or recommendation obtained, prepared or recorded, or consultation or deliberation that has taken place, in the course of, or for the purposes of, the deliberative processes involved in the functions of an agency or Minister or of the Government of the Commonwealth; and

(b) would be contrary to the public interest.

36(2)
In the case of a document of the kind referred to in sub-section 9(1), the matter referred to in paragraph (1) (a) of this section does not include matter that is used or to be used for the purpose of the making of decisions or recommendations referred to in sub-section 9(1).

36(3)
(Repealed by No 99 of 2009, Sch 1 item 10, effective 7 October 2009.)

36(4)
(Repealed by No 99 of 2009, Sch 1 item 10, effective 7 October 2009.)

36(5)
This section does not apply to a document by reason only of purely factual material contained in the document.

36(6)
This section does not apply to:

(a) reports (including reports concerning the results of studies, surveys or tests) of scientific or technical experts, whether employed within an agency or not, including reports expressing the opinions of such experts on scientific or technical matters;

(b) reports of a prescribed body or organisation established within an agency; or

(c) the record of, or a formal statement of the reasons for, a final decision given in the exercise of a power or of an adjudicative function.

36(7)
Where a decision is made under Part III that an applicant is not entitled to access to a document by reason of the application of this section, the notice under section 26 shall state the ground of public interest on which the decision is based.

36(8)
(Repealed by No 99 of 2009, Sch 1 item 10, effective 7 October 2009.)

36(9)
(Repealed by No 99 of 2009, Sch 1 item 10, effective 7 October 2009.)

36(10)
(Repealed by No 99 of 2009, Sch 1 item 10, effective 7 October 2009.)