New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 6 (1))
(1) A document is an exempt document:(a) if it is a document that has been prepared for submission to Cabinet (whether or not it has been so submitted), or(b) if it is a preliminary draft of a document referred to in paragraph (a), or(c) if it is a document that is a copy of or of part of, or contains an extract from, a document referred to in paragraph (a) or (b), or(d) if it is an official record of Cabinet, or(e) if it contains matter the disclosure of which would disclose information concerning any deliberation or decision of Cabinet.
(2) A document is not an exempt document by virtue of this clause:(a) if it merely consists of factual or statistical material that does not disclose information concerning any deliberation or decision of Cabinet, or(b) if 10 years have passed since the end of the calendar year in which the document came into existence.
(3) Subclause (2) (b) does not apply to a document that came into existence before the commencement of this clause.
(4) In this clause, a reference to Cabinet includes a reference to a committee of Cabinet and to a subcommittee of a committee of Cabinet.
(1) A document is an exempt document:(a) if it is a document that has been prepared for submission to the Executive Council (whether or not it has been so submitted), or(b) if it is a preliminary draft of a document referred to in paragraph (a), or(c) if it is a document that is a copy of or of part of, or contains an extract from, a document referred to in paragraph (a) or (b), or(d) if it is an official record of the Executive Council, or(e) if it contains matter the disclosure of which would disclose information concerning any deliberation or advice of the Executive Council.
(2) A document is not an exempt document by virtue of this clause:(a) if it merely consists of:(i) matter that appears in an instrument that has been made or approved by the Governor and that has been officially published (whether in the Gazette or elsewhere), or(ii) factual or statistical material that does not disclose information concerning any deliberation or advice of the Executive Council, or(b) if 10 years have passed since the end of the calendar year in which the document came into existence.
(3) Subclause (2) (b) does not apply to a document that came into existence before the commencement of this clause.
(1) A document is an exempt document if it contains matter the disclosure of which could reasonably be expected:(a) to prejudice the investigation of any contravention or possible contravention of the law (including any revenue law) whether generally or in a particular case, or(b) to enable the existence or identity of any confidential source of information, in relation to the enforcement or administration of the law, to be ascertained, or(c) to endanger the life or physical safety of any person, or(d) to prejudice the fair trial of any person or the impartial adjudication of any case, or(e) to prejudice the effectiveness of any lawful method or procedure for preventing, detecting, investigating or dealing with any contravention or possible contravention of the law (including any revenue law), or(f) to prejudice the maintenance or enforcement of any lawful method or procedure for protecting public safety, or(g) to endanger the security of any building, structure or vehicle, or(h) to prejudice any system or procedure for the protection of persons or property, or(i) to facilitate the escape from lawful custody of any person.
(2) A document is not an exempt document by virtue of subclause (1):(a) if it merely consists of:(i) a document revealing that the scope of a law enforcement investigation has exceeded the limits imposed by law, or(ii) a document containing a general outline of the structure of a programme adopted by an agency for dealing with any contravention or possible contravention of the law, or(iii) a report on the degree of success achieved in any programme adopted by an agency for dealing with any contravention or possible contravention of the law, or(iv) 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(v) a report on a law enforcement investigation that has already been disclosed to the person or body the subject of the investigation, and(b) if disclosure of the document would, on balance, be in the public interest.
(3) A document is an exempt document if it is a document that has been created by:(a) the former Information and Intelligence Centre of the Police Service or the former State Intelligence Group, or(b) the Counter Terrorist Co-ordination Command of the NSW Police Force, the former Protective Security Group of the Police Service, the former Special Branch of the Police Service or the former Bureau of Criminal Intelligence.
(3A) A document is an exempt document if it is a document that has been created by the State Crime Command of the NSW Police Force in the exercise of its functions concerning the collection, analysis or dissemination of intelligence.
(3B) A document is an exempt document if it is a document that has been created by the Corrections Intelligence Group of the Department of Corrective Services in the exercise of its functions concerning the collection, analysis or dissemination of intelligence.
(3C) A document is an exempt document if it is a document that has been created by the Drug Intelligence Unit of the Department of Juvenile Justice in the exercise of its functions concerning the collection, analysis or dissemination of intelligence.
(4) In this clause, a reference to the law includes a reference to the law of the Commonwealth, the law of another State and the law of another country.
(1) In this clause:
"terrorist act" has the same meaning as in the Terrorism (Police Powers) Act 2002 .
(2) A document is an exempt document if it contains matter the disclosure of which could reasonably be expected:(a) to facilitate the commission of a terrorist act, or(b) to prejudice the prevention of, preparedness against, response to, or recovery from, the commission of a terrorist act.
(3) A document is not an exempt document by virtue of subclause (2):(a) if it merely consists of:(i) a document revealing that the scope of a law enforcement investigation has exceeded the limits imposed by law, or(ii) a report on a law enforcement investigation that has already been disclosed to the person or body the subject of the investigation, and(b) if disclosure of the document would, on balance, be in the public interest.
(4) In this clause, a reference to the law includes a reference to the law of the Commonwealth, the law of another State and the law of another country.
A document is an exempt document if it contains matter:
(a) the disclosure of which:(i) could reasonably be expected to cause damage to relations between the Government of New South Wales and the Government of the Commonwealth or of another State, or(ii) would divulge information communicated in confidence by or on behalf of the Government of the Commonwealth or of another State to the Government of New South Wales or to an agency or other person or body receiving the communication on behalf of the Government of New South Wales, and
(b) the disclosure of which would, on balance, be contrary to the public interest.
(1) A document is an exempt document if it contains matter the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (whether living or deceased).
(2) A document is not an exempt document by virtue of this clause merely because it contains information concerning the person by or on whose behalf an application for access to the document is being made.
(1) A document is an exempt document:(a) if it contains matter the disclosure of which would disclose trade secrets of any agency or any other person, or(a1) if it contains matter the disclosure of which would disclose the commercial-in-confidence provisions of a government contract (within the meaning of section 15A), or(b) if it contains matter the disclosure of which:(i) would disclose information (other than trade secrets or commercial-in-confidence provisions) that has a commercial value to any agency or any other person, and(ii) could reasonably be expected to destroy or diminish the commercial value of the information, or(c) if it contains matter the disclosure of which:(i) would disclose information (other than trade secrets, commercial-in-confidence provisions or information referred to in paragraph (b)) concerning the business, professional, commercial or financial affairs of any agency or any other person, and(ii) could reasonably be expected to have an unreasonable adverse effect on those affairs or to prejudice the future supply of such information to the Government or to an agency.
(2) A document is not an exempt document by virtue of this clause merely because it contains matter concerning the business, professional, commercial or financial affairs of the agency or other person by or on whose behalf an application for access to the document is being made.
(1) A document is an exempt document if it contains matter the disclosure of which:(a) would disclose the purpose or results of research (including research that is yet to be commenced or yet to be completed), and(b) could reasonably be expected to have an unreasonable adverse effect on the agency or other person by or on whose behalf the research is being, or is intended to be, carried out.
(2) A document is not an exempt document by virtue of this clause merely because it contains matter concerning research that is being, or is intended to be, carried out by the agency or other person by or on whose behalf an application for access to the document is being made.
(1) A document is an exempt document if it contains matter the disclosure of which:(a) would disclose:(i) any opinion, advice or recommendation that has been obtained, prepared or recorded, or(ii) any consultation or deliberation that has taken place,in the course of, or for the purpose of, the decision-making functions of the Government, a Minister or an agency, and(b) would, on balance, be contrary to the public interest.
(2) A document is not an exempt document by virtue of this clause if it merely consists of:(a) matter that appears in an agency’s policy document, or(b) factual or statistical material.
(1) A document is an exempt document if it contains matter that would be privileged from production in legal proceedings on the ground of legal professional privilege.
(2) A document is not an exempt document by virtue of this clause merely because it contains matter that appears in an agency’s policy document.
A document is an exempt document if it contains matter the disclosure of which would disclose:
(a) matter relating to the judicial functions of a court or tribunal, or
(b) matter prepared for the purposes of proceedings (including any transcript of the proceedings) that are being heard or are to be heard before a court or tribunal, or
(c) matter prepared by or on behalf of a court or tribunal (including any order or judgment made or given by the court or tribunal) in relation to proceedings that are being heard or have been heard before the court or tribunal.
(1) A document is an exempt document if it contains matter the disclosure of which would constitute an offence against an Act, whether or not the provision that creates the offence is subject to specified qualifications or exceptions.
(2) A document is not an exempt document by virtue of this clause unless disclosure of the matter contained in the document, to the person by or on whose behalf an application for access to the document is being made, would constitute such an offence.
A document is an exempt document:
(a) if it contains matter the disclosure of which would found an action for breach of confidence, or
(b) if it contains matter the disclosure of which:(i) would otherwise disclose information obtained in confidence, and(ii) could reasonably be expected to prejudice the future supply of such information to the Government or to an agency, and(iii) would, on balance, be contrary to the public interest.
A document is an exempt document if it contains matter the disclosure of which:
(a) could reasonably be expected:(i) to have a substantial adverse effect on the ability of the Government or an agency to manage the economy of the State, or(ii) to expose any person or class of persons to an unfair advantage or disadvantage as a result of the premature disclosure of information concerning any proposed action or inaction of the Parliament, the Government or an agency in the course of, or for the purpose of, managing the economy of the State, and
(b) would, on balance, be contrary to the public interest.
A document is an exempt document if it contains matter the disclosure of which:
(a) could reasonably be expected to have a substantial adverse effect on the financial or property interests of the State or an agency, and
(b) would, on balance, be contrary to the public interest.
A document is an exempt document if it contains matter the disclosure of which:
(a) could reasonably be expected:(i) to prejudice the effectiveness of any method or procedure for the conduct of tests, examinations or audits by an agency, or(ii) to prejudice the attainment of the objects of any test, examination or audit conducted by an agency, or(iii) to have a substantial adverse effect on the management or assessment by an agency of the agency’s personnel, or(iv) to have a substantial adverse effect on the effective performance by an agency of the agency’s functions, or(v) to have a substantial adverse effect on the conduct of industrial relations by an agency, and
(b) would, on balance, be contrary to the public interest.
A document is an exempt document if it contains matter the public disclosure of which would, but for any immunity of the Crown:
(a) constitute contempt of court, or
(b) contravene any order or direction of a person or body having power to receive evidence on oath, or
(c) infringe the privilege of Parliament.
(1) A document is an exempt document if it contains matter that appears in:(a) a document for the purposes of the Ministerial Council for Companies and Securities that has been prepared by, or received by an agency or Minister from, the Commonwealth or another State, or(b) a document the disclosure of which would disclose the deliberations or decisions of the Ministerial Council for Companies and Securities, other than a document by which a decision of the Council has been officially published, or(c) a document that has been furnished to the National Companies and Securities Commission by the Commonwealth, or by this or any other State, and that relates solely to the functions of the Commission in relation to the law of the Commonwealth or the law of this or any other State, or(d) a document (other than a document referred to in paragraph (c)) that is held by the National Companies and Securities Commission and that relates solely to the exercise of the functions of the Commission under the law of the Commonwealth or the law of this or any other State.
(2) A document is an exempt document if it contains matter that appears in:(a) a document for the purposes of the Ministerial Council for Corporations that has been prepared by, or received by an agency or Minister from, the Commonwealth or another State, or(b) a document the disclosure of which would disclose the deliberations or decisions of the Ministerial Council for Corporations, other than a document by which a decision of the Council has been officially published, or(c) a document that has been furnished to the Australian Securities and Investments Commission by the Commonwealth, or by this or any other State, and that relates solely to the functions of the Commission in relation to the law of the Commonwealth or the law of this or any other State, or(d) a document (other than a document referred to in paragraph (c)) that is held by the Australian Securities and Investments Commission and that relates solely to the exercise of the functions of the Commission under the law of the Commonwealth or the law of this or any other State.
(3) In this clause:
"Australian Securities and Investments Commission" means the body established by section 7 of the Australian Securities and Investments Commission Act 1989 of the Commonwealth and continued in existence by section 261 of the Australian Securities and Investments Commission Act 2001 of the Commonwealth.
"Ministerial Council for Corporations":(a) means the Ministerial Council for Corporations originally established by the Corporations Agreement dated 23 September 1997 between the Governments of the Commonwealth, the States and the Northern Territory, and(b) includes any body that is a continuation of, or a successor to, the Council under any subsequent agreement between those Governments.
(1) A document is an exempt document:(a) if it has been created otherwise than by an agency, or otherwise than by a Minister, in relation to the functions of an agency, and(b) if it is held in a public library subject to a condition imposed by the person or body (not being an agency or Minister) by whom it has been placed in the possession of the library:(i) prohibiting its disclosure to members of the public generally or to certain members of the public, or(ii) restricting its disclosure to certain members of the public.
(2) In this clause, a reference to a public library includes a reference to:(a) an agency referred to in section 11 (1) (a)-(e), and(b) a library that forms part of a university, college of advanced education or college of technical and further education.
(1) A document is an exempt document if it contains matter the disclosure of which would disclose:(a) matter relating to adoption procedures under the Adoption Act 2000 , or(b) information contained in the Register of Interests kept by the Premier pursuant to the Code of Conduct for Ministers of the Crown adopted by Cabinet, or(c) matter relating to the receipt of an amended or original birth certificate or of prescribed information under the Adoption Act 2000 , or(d) matter relating to a protected disclosure within the meaning of the Protected Disclosures Act 1994 , or(e) a write-off policy referred to in section 101 of the Fines Act 1996 , or(f) matter relating to an investigation or inquiry into a railway accident or incident under section 65, 67 or 69 of the Rail Safety Act 2008 , or(g) matter relating to an investigation or inquiry into a transport accident or incident under section 46BA or 46BC of the Passenger Transport Act 1990 .
(2) Despite subclause (1) (f), a document containing matter referred to in that paragraph ceases to be an exempt document:(a) in the case of a document containing matter relating to an inquiry under section 66 into an accident or incident that is not also the subject of an investigation under section 67 or an inquiry under section 67B, if the inquiry under section 66 is included in a list forwarded to the Minister under that section, or(b) in the case of a document containing matter relating to an investigation under section 67 or an inquiry under section 67B, when the report into the investigation or inquiry is tabled before both Houses of Parliament.
(3) Despite subclause (1) (g), a document containing matter referred to in that paragraph ceases to be an exempt document when the report into the investigation or inquiry is tabled before both Houses of Parliament.
(1) A document is an exempt document:(a) if it contains matter the disclosure of which would disclose information communicated to the Government of New South Wales by the Government of the Commonwealth or of another State, and(b) if notice has been received from the Government of the Commonwealth or of the other State that the information is exempt matter within the meaning of a corresponding law of the Commonwealth or that other State.
(2) In this clause, a reference to a corresponding law is a reference to:(a) the Freedom of Information Act 1982 of the Commonwealth, or(b) the Freedom of Information Act 1982 of Victoria.
A document is an exempt document if it has been prepared by or received by the Sydney Organising Committee for the Olympic Games, the Olympic Co-ordination Authority or the Olympic Roads and Transport Authority and contains matter that is confidential to the International Olympic Committee or the Australian Olympic Committee.
A document is an exempt document if it has been prepared by or received by the Sydney 2009 World Masters Games Organising Committee and contains matter that is confidential to the International Masters Games Association.
A document is an exempt document if it is the subject of a declaration referred to in section 161 of the National Parks and Wildlife Act 1974 .
(1) A document is an exempt document if it contains matter that the Director-General under the Threatened Species Conservation Act 1995 has determined should not be disclosed to the public under section 146 of that Act.
(2) A document is an exempt document if it contains matter that the Scientific Committee under the Threatened Species Conservation Act 1995 has recommended to the Minister should not be disclosed to the public under section 146A of that Act and the Minister has accepted that recommendation.
A plan of management, and a draft plan of management, for an area of community land under Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993 is an exempt document if it is the subject of a resolution of confidentiality referred to in section 36DA (2) of that Act.
A document provided by the Health Care Complaints Commission to a registration authority (within the meaning of the Health Care Complaints Act 1993 ) relating to a particular complaint is an exempt document.
(1) A document is an exempt document if:(a) it is a report provided to the Commissioner of Police by a registrable person under the Child Protection (Offenders Registration) Act 2000 for the purpose of complying with the reporting obligations under that Act, or(b) it contains matter that would disclose information obtained by the Commissioner of Police as a result of the making of such a report, or(c) it contains matter that would disclose information contained on the Child Protection Register kept under section 19 of that Act.
(2) A document is not an exempt document by virtue of subclause (1) merely because it contains information concerning the person by or on whose behalf an application for access to the document is being made.