FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 36 Internal working documents

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 36

36. (1) Subject to this section, a document is an exempt document if it is a
document the disclosure of which under this Act -

   (a)  would disclose matter in the nature of, or relating to, opinion,
        advice or recommendation obtained, prepared or recorded, or
        consultation or deliberation that has taken place, in the course of,
        or for the purposes of, the deliberative processes involved in the
        functions of an agency or Minister or of the Government of the
        Commonwealth; and

   (b)  would be contrary to the public interest.

(2) In the case of a document of the kind referred to in sub-section 9 (1),
the matter referred to in paragraph (1) (a) of this section does not include
matter that is used or to be used for the purpose of the making of decisions
or recommendations referred to in sub-section 9 (1).

(3) Where a Minister is satisfied, in relation to a document to which
paragraph (1) (a) applies, that the disclosure of the document would be
contrary to the public interest, he may sign a certificate to that effect
(specifying the ground of public interest in relation to which the certificate
is given) and, subject to the operation of Part VI, such a certificate, so
long as it remains in force, establishes conclusively that the disclosure of
that document would be contrary to the public interest.

(4) Where a Minister is satisfied as mentioned in sub-section (3) by reason
only of matter contained in a particular part or particular parts of a
document, a certificate under that sub-section in respect of the document
shall identify that part or those parts of the document as containing the
matter by reason of which the certificate is given.

(5) This section does not apply to a document by reason only of purely factual
material contained in the document.

(6) This section does not apply to -

   (a)  reports (including reports concerning the results of studies, surveys
        or
tests) of scientific or technical experts, whether employed within an
agency or not, including reports expressing the opinions of such experts
on scientific or technical matters;

   (b)  reports of a prescribed body or organization established within an
agency; or

   (c)  the record of, or a formal statement of the reasons for, a final
        decision
given in the exercise of a power or of an adjudicative function.

(7) Where a decision is made under Part III that an applicant is not entitled
to access to a document by reason of the application of this section, the
notice under section 26 shall state the ground of public interest on which the
decision is based.

(8) The responsible Minister of an agency may, either generally or as
otherwise provided by the instrument of delegation, by writing signed by him,
delegate to the principal officer of the agency his powers under this section
in respect of documents of the agency.

(9) A power delegated under sub-section (8), when exercised by the delegate,
shall, for the purposes of this Act, be deemed to have been exercised by the
responsible Minister.

(10) A delegation under sub-section (8) does not prevent the exercise of a
power by the responsible Minister.