Australian Capital Territory Consolidated Acts

FREEDOM OF INFORMATION ACT 1989 - SECT 35

    (1)     A document is an exempt document if it is—

        (a)     a document that has been submitted to the Executive for its consideration or is proposed by a Minister to be so submitted, being a document that was brought into existence for the purpose of submission for consideration by the Executive; or

        (b)     an official record of the Executive; or

        (c)     a document that is a copy of, or of a part of, or contains an extract from, a document referred to in paragraph (a) or (b); or

        (d)     a document the disclosure of which would involve the disclosure of any deliberation or decision of the Executive, other than a document by which a decision of the Executive was officially published.

Note     Access to the Cabinet notebook is excluded under s 11 (2).

    (2)     This section does not apply to a document (a relevant document )—

        (a)     that is referred to in subsection (1) (a); or

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

to the extent that the relevant document contains purely factual material unless—

        (c)     the disclosure under this Act of that document would involve the disclosure of any deliberation or decision of the Executive; and

        (d)     the fact of that deliberation or decision has not been officially published.

    (3)     A reference in this section to the Executive includes a reference to a committee of the Executive.