FREEDOM OF INFORMATION ACT 1982

PART III - ACCESS TO DOCUMENTS  

SECTION 11B   PUBLIC INTEREST EXEMPTIONS - FACTORS  

Scope

11B(1)  
This section applies for the purposes of working out whether access to a conditionally exempt document would, on balance, be contrary to the public interest under subsection 11A(5) .

11B(2)  
This section does not limit subsection 11A(5) . Factors favouring access

11B(3)  
Factors favouring access to the document in the public interest include whether access to the document would do any of the following:


(a) promote the objects of this Act (including all the matters set out in sections 3 and 3A );


(b) inform debate on a matter of public importance;


(c) promote effective oversight of public expenditure;


(d) allow a person to access his or her own personal information. Irrelevant factors

11B(4)  
The following factors must not be taken into account in deciding whether access to the document would, on balance, be contrary to the public interest:


(a) access to the document could result in embarrassment to the Commonwealth Government, or cause a loss of confidence in the Commonwealth Government;


(aa) (Repealed by No 59 of 2015)


(b) access to the document could result in any person misinterpreting or misunderstanding the document;


(c) the author of the document was (or is) of high seniority in the agency to which the request for access to the document was made;


(d) access to the document could result in confusion or unnecessary debate.

Guidelines

11B(5)  
In working out whether access to the document would, on balance, be contrary to the public interest, an agency or Minister must have regard to any guidelines issued by the Information Commissioner for the purposes of this subsection under section 93A .




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.