Commonwealth Consolidated Acts

FREEDOM OF INFORMATION ACT 1982 - SECT 45

             (1)  A document is an exempt document if its disclosure under this Act would found an action, by a person (other than an agency or the Commonwealth), for breach of confidence.

             (2)  Subsection (1) does not apply to any document to the disclosure of which paragraph 36(1)(a) applies or would apply, but for the operation of subsection 36(2), (5) or (6), being a document prepared by a Minister, a member of the staff of a Minister, or an officer or employee of an agency, in the course of his or her duties, or by a prescribed authority in the performance of its functions, for purposes relating to the affairs of an agency or a Department of State unless the disclosure would constitute a breach of confidence owed to a person or body other than:

                     (a)  a person in the capacity of Minister, member of the staff of a Minister or officer of an agency; or

                     (b)  an agency or the Commonwealth.