Commonwealth Numbered Acts

PRIVACY ACT 1988 No. 119, 1988 - SECT 33

33. (1) In setting out findings, opinions and reasons in a report to be given
under section 30, 31 or 32, the Commissioner may exclude a matter if the
Commissioner considers it desirable to do so having regard to the obligations
of the Commissioner under subsections (2) and (3).

(2) In deciding under subsection (1) whether or not to exclude matter from a
report, the Commissioner shall have regard to the need to prevent:

   (a)  prejudice to the security, defence or international relations of
        Australia;

   (b)  prejudice to relations between the Commonwealth Government and the
        Government of a State or between the Government of a State and the
        Government of another State;

   (c)  the disclosure of deliberations or decisions of the Cabinet, or of a
        Committee of the Cabinet, of the Commonwealth or of a State;

   (d)  the disclosure of deliberations or advice of the Federal Executive
        Council or the Executive Council of a State;

   (e)  the disclosure, or the ascertaining by a person, of the existence or
        identity of a confidential source of information in relation to the
        enforcement of the criminal law;

   (f)  the endangering of the life or safety of any person;

   (g)  prejudice to the proper enforcement of the law or the protection of
        public safety;

   (h)  the disclosure of information the disclosure of which is prohibited,
        absolutely or subject to qualifications, by or under another
        enactment;

   (j)  the unreasonable disclosure of the personal affairs of any person; and

   (k)  the unreasonable disclosure of confidential commercial information.

(3) The Commissioner shall try to achieve an appropriate balance between
meeting the need referred to in subsection (2) and the desirability of
ensuring that interested persons are sufficiently informed of the results of
the Commissioner's investigation, examination or monitoring.

(4) Where the Commissioner excludes a matter from a report, he or she shall
give to the Minister a report setting out the excluded matter and his or her
reasons for excluding the matter.