FREEDOM OF INFORMATION ACT 1982

PART IV - EXEMPT DOCUMENTS  

Division 2 - Exemptions  

SECTION 34   Cabinet documents  

General rules

34(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.

34(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.

34(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

34(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.

34(5)  


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

34(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.




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