Freedom of Information Act 1982
View history note
Hide history noteThe 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 | section 22 . |
| (b) | access to the edited copy must be given; | |||
| 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). |
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
