Commonwealth Consolidated Acts

FREEDOM OF INFORMATION ACT 1982 - SECT 34

General rules

  (1)   A document is an exempt document if:

  (a)   both of the following are satisfied:

  (i)   it has been submitted to the Cabinet for its consideration, or is or was proposed by a Minister to be so submitted;

  (ii)   it was brought into existence for the dominant purpose of submission for consideration by the Cabinet; or

  (b)   it is an official record of the Cabinet; or

  (c)   it was brought into existence for the dominant purpose of briefing a Minister on a document to which paragraph   (a) applies; or

  (d)   it is a draft of a document to which paragraph   (a), (b) or (c) applies.

  (2)   A document is an exempt document to the extent that it is a copy or part of, or contains an extract from, a document to which subsection   (1) applies.

  (3)   A document is an exempt document to the extent that it contains information the disclosure of which would reveal a Cabinet deliberation or decision, unless the existence of the deliberation or decision has been officially disclosed.

Exceptions

  (4)   A document is not an exempt document only because it is attached to a document to which subsection   (1), (2) or (3) applies.

Note:   However, the attachment itself may be an exempt document.

  (5)   A document by which a decision of the Cabinet is officially published is not an exempt document.

  (6)   Information in a document to which subsection   (1), (2) or (3) applies is not exempt matter because of this section if the information consists of purely factual material, unless:

  (a)   the disclosure of the information would reveal a Cabinet deliberation or decision; and

  (b)   the existence of the deliberation or decision has not been officially disclosed.