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Exemptions
What types of documents are exempt from release?
Certain documents may be exempt from disclosure if the release of those documents could undermine the functions of Government or damage third party or public interests.
The exemptions are contained in Part IV of the Freedom of Information Act 1982 (the FOI Act). Categories of documents which may be exempt from disclosure include (but are not limited to) the following:
- documents affecting national security, defence or international relations
- cabinet documents
- documents affecting the enforcement of law and protection of public safety
- documents to which secrecy provisions or enactments apply
legally privileged documents - documents containing material obtained in confidence
- documents disclosure of which would be contempt of Court
Categories of documents which may be conditionally exempt include (but are not limited to) the following:
- documents relating to Commonwealth-State relations
- documents in the nature of, or relating to, deliberative processes
- documents relating to financial or property interests of the Commonwealth
- documents concerning certain operations of an agency
- documents containing personal information
- commercially sensitive documents relating to business affairs and research
If a document is a conditionally exempt document, access to the document is required to be given, unless it would be contrary to the public interest.