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FREEDOM OF INFORMATION ACT 2016 - SCHEDULE 1

Schedule 1     Information disclosure of which is taken to be contrary to the public interest

(see s 16)

Information mentioned in this schedule is taken to be contrary to the public interest to disclose unless the information identifies corruption or the commission of an offence by a public official or that the scope of a law enforcement investigation has exceeded the limits imposed by law.

1.1     Information disclosure of which would be contempt of court or Legislative Assembly etc

Information the disclosure of which would, apart from this Act and any immunity of the Crown—

        (a)     be in contempt of court; or

        (b)     be contrary to an order made or direction given by a tribunal or other entity having power to take evidence on oath; or

Examples

1     board of inquiry under the Inquiries Act 1991

2     commission under the Judicial Commissions Act 1994

3     royal commission under the Royal Commissions Act 1991

        (c)     infringe the privileges of—

              (i)     the Legislative Assembly; or

              (ii)     a house of the Commonwealth parliament; or

              (iii)     the parliament of a State; or

              (iv)     the Legislative Assembly of the Northern Territory.

1.1A     Information in possession of a court or tribunal

    (1)     Information in the possession of a court or tribunal unless the information is administrative in nature.

    (2)     In this section:

"court" includes—

        (a)     a registry or other office of a court or tribunal; and

        (b)     the staff of the registry or office.

1.1B     Information in possession of integrity commission or inspector of the integrity commission

Information in the possession of the integrity commission, or the integrity commission inspector, unless the information is administrative in nature.

1.2     Information subject to legal professional privilege

Information that would be privileged from production or admission into evidence in a legal proceeding on the ground of legal professional privilege.

1.3     Information disclosure of which is prohibited under law

    (1)     Information that is confidential under the Adoption Act 1993

, section 60.

    (2)     Information that is protected information under the Children and Young People Act 2008

, section 844, other than information that—

        (a)     is disclosed to a person to whom it relates; and

        (b)     is not sensitive information under that Act

, section 845.

    (3)     Information that is protected information under the Crimes (Child Sex Offenders) Act 2005

, section 133A.

    (4)     Information that is protected information under the Crimes (Restorative Justice) Act 2004

, section 64.

    (5)     Information that is protected information under the Housing Assistance Act 2007

, section 28 other than information disclosed to a person to whom the information relates.

    (6)     Any other information the disclosure of which is prohibited by a secrecy provision of a law.

    (7)     In this section:

"secrecy provision"—a provision of a law is a "secrecy provision" if it—

        (a)     applies to information obtained in the exercise of a function under the law; and

        (b)     prohibits people mentioned in the provision from disclosing the information, whether the prohibition is absolute or subject to stated exceptions or qualifications.

1.4     Sensitive information

Information the disclosure of which would involve the unreasonable disclosure of sensitive information about any individual (including a deceased person).

1.5     Information in possession of auditor-general

Information in the possession of the auditor-general that has been obtained or generated in relation to an audit under the Auditor-General Act 1996

.

1.6     Cabinet information

    (1)     Information—

        (a)     that has been submitted, or that a Minister proposes to submit, to Cabinet for its consideration and that was brought into existence for that purpose; or

        (b)     that is an official record of Cabinet; or

        (c)     that is a copy of, or part of, or contains an extract from, information mentioned in paragraph (a) or (b); or

        (d)     the disclosure of which would reveal any deliberation of Cabinet (other than through the official publication of a Cabinet decision).

    (2)     Subsection (1) does not apply to purely factual information that—

        (a)     is mentioned in subsection (1) (a); or

        (b)     is mentioned in subsection (1) (b) or (c) and is a copy of, or part of, or contains an extract from, a document mentioned in subsection (1) (a);

unless the disclosure of the information would involve the disclosure of a deliberation or decision of Cabinet and the fact of the deliberation or decision has not been officially published.

    (3)     In this section:

"Cabinet "includes a Cabinet committee or subcommittee.

1.7     Examinations under Australian Crime Commission (ACT) Act 2003

Information obtained through an examination conducted under the Australian Crime Commission (ACT) Act 2003

, section 20.

1.8     Information in possession of human rights commission

Information in the possession of the human rights commission that has been obtained or generated in relation to—

        (a)     a commission-initiated consideration under the Human Rights Commission Act 2005

, section 48; or

        (b)     a complaint made under the Human Rights Commission Act 2005

, part 4.

1.9     Identities of people making disclosures

    (1)     Information that would, or could reasonably be expected to, disclose the identity of a person who has made—

        (a)     a public interest disclosure under the Public Interest Disclosure Act 2012

; or

        (b)     a mandatory or voluntary report under the Children and Young People Act 2008

; or

        (c)     a confidential report under the Children and Young People Act 2008

, section 876.

    (2)     Information that would, or could reasonably be expected to, disclose the identity of a person who gives information, produces a document or answers a question in relation to an investigation of a public interest disclosure under the Public Interest Disclosure Act 2012

.

1.10     Information relating to requests to cost election commitments

Information about requests to cost election commitments under the Election Commitments Costing Act 2012

, section 5 unless the costing period in which the request was made has ended.

1.11     Information in electoral rolls and related documents

    (1)     Information in any of the following documents other than information disclosed to a person to whom it relates:

        (a)     an electoral roll, whether in printed or electronic form or on microfiche or microfilm;

        (b)     a copy of a document mentioned in paragraph (a);

        (c)     a document setting out particulars of only 1 enrolled person that was used in keeping an electoral roll;

        (d)     a copy of a document mentioned in paragraph (c);

        (e)     a document containing only copies mentioned in paragraph (d);

        (f)     a document derived from an electoral roll setting out particulars of enrolled people.

    (2)     In this section:

"electoral roll" means—

        (a)     a roll of electors kept under the Electoral Act 1992

; or

        (b)     a roll extract within the meaning of the Electoral Act 1992

.

1.12     Information in possession of ombudsman

Information in the possession of the ombudsman that has been obtained or generated in relation to—

        (a)     an ombudsman review; or

        (b)     an investigation undertaken by the ombudsman under the Ombudsman Act 1989

, section 9; or

        (c)     a function exercised under the Ombudsman Act 1989

, division 2.2A (Reportable conduct).

1.13     National, Territory or State security information

    (1)     Information the disclosure of which would, or could reasonably be expected to damage the security of the Commonwealth, the Territory or a State.

    (2)     For subsection (1), the security of the Commonwealth includes—

        (a)     matters relating to detecting, preventing or suppressing activities, whether within or outside Australia, that are subversive of, or hostile to, the interests of the Commonwealth or a country allied or associated with the Commonwealth; and

        (b)     the security of a communications system or cryptographic system of the Commonwealth or another country used for—

              (i)     the defence of the Commonwealth or a country allied or associated with the Commonwealth; or

              (ii)     the conduct of the international relations of the Commonwealth.

    (3)     For subsection (1), the security of the Territory or State includes matters relating to detecting, preventing or suppressing activities within or outside the Territory or State, that are subversive of, or hostile to, the interests of the Territory or a State.

1.14     Law enforcement or public safety information

    (1)     Information the disclosure of which would, or could reasonably be expected to—

        (a)     prejudice the investigation of a contravention or possible contravention of the law in a particular case; or

        (b)     identify the existence or identity of a confidential source of information in relation to the enforcement or administration of the law; or

        (c)     endanger a person's life or physical safety; or

        (d)     result in a person being subject to a serious act of harassment or intimidation; or

        (e)     prejudice a person's fair trial or the impartial adjudication of a matter before a court or tribunal; or

        (f)     prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or

        (g)     prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or

        (h)     endanger the security of a building, structure or vehicle; or

              (i)     prejudice a system or procedure for the protection of people, property or the environment; or

        (j)     facilitate a person's escape from lawful custody; or

        (k)     prejudice the wellbeing of a cultural or natural resource or the habitat of animals or plants.

    (2)     Information given in the course of an investigation of a contravention or possible contravention of the law if the information was given under compulsion under an Act that abrogated the privilege against self-incrimination.

    (3)     Information obtained, used or prepared for an investigation by an entity prescribed by regulation in the exercise of a function prescribed by regulation.

    (4)     However this section does not apply to—

        (a)     information revealing that the scope of a law enforcement investigation has exceeded the limits imposed by law; or

        (b)     information containing a general outline of the structure of a program adopted by an agency for dealing with a contravention or possible contravention of the law; or

        (c)     a report on the degree of success achieved in a program adopted by an agency for dealing with a contravention or possible contravention of the law; or

        (d)     a report prepared in the course of a routine law enforcement inspection or investigation by an agency whose functions include that of enforcing the law (other than the criminal law or the law relating to corruption); or

        (e)     a report on a law enforcement investigation that has already been disclosed to the entity the subject of the investigation.

    (5)     In this section:

"law" includes law of the Commonwealth, a State or a foreign country.



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