Freedom of Information Amendment (Reform) Act 2010 (51 of 2010)
Schedule 3 Exemptions
Part 2 Main exemption amendments
Freedom of Information Act 1982
22 Before section 32
Insert:
Division 1 - Preliminary
31A Access to exempt and conditionally exempt documents
The following table summarises how this Act applies to exempt documents and documents that are conditionally exempt:
|
How this Act applies to exempt and conditionally exempt documents |
|||
|---|---|---|---|
|
Item |
If … |
then … |
because of … |
|
1 |
a document is an exempt document under Division 2 (exemptions) or under paragraph (b) or (c) of the definition of exempt document in subsection 4(1) |
access to the document is not required to be given |
subsection 11A(4). |
|
2 |
a document is a conditionally exempt document under Division 3 (public interest conditional exemptions) |
access to the document is required to be given, unless it would be contrary to the public interest |
subsection 11A(5) (see also section 11B (public interest factors)). |
|
3 |
a document is an exempt document as mentioned in item 1, and also a conditionally exempt document under Division 3 |
access to the document is not required to be given |
subsections 11A(4) and (6), and section 32 (interpretation). |
|
4 |
access to a document is refused because it contains exempt matter, and the exempt matter can be deleted |
(a) an edited copy deleting the exempt matter must be prepared (if practicable); and (b) access to the edited copy must be given; |
section 22. |
|
5 |
a document is an exempt document because of any provision of this Act |
access to the document may be given apart from under this Act |
section 3A (objects - information or documents otherwise accessible). |
31B Exempt documents for the purposes of this Part
A document is exempt for the purposes of this Part if:
(a) it is an exempt document under Division 2; or
(b) it is conditionally exempt under Division 3, and access to the document would, on balance, be contrary to the public interest for the purposes of subsection 11A(5).
Note 1: A document is an exempt document for the purposes of this Act (see subsection 4(1)) if:
(a) it is exempt under this section; or
(b) it is exempt because of section 7 (exemption of certain persons and bodies); or
(c) it is an official document of a Minister that contains matters not relating to the affairs of an agency or a Department of State.
Note 2: Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see section 11A).
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