New South Wales Consolidated Acts
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PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 43
Requirement to disclose exempt documents
(1) Nothing in this Act or the Health Records and Information Privacy Act 2002
authorises the Privacy Commissioner to require any person or
public sector agency to disclose an exempt document.
(2) The Director-General
of The Cabinet Office may certify that a document is an exempt document
because it is a Cabinet document. Any such certificate: (a) is conclusive of
that fact, and
(b) authorises any person or agency who would otherwise be
required under this Act or the Health Records and Information Privacy Act 2002
to disclose the document concerned to refuse to disclose it.
(3) In this
section:
"disclose" a document includes the following: (a) provide copies of the
document,
(b) give access to the document,
(c) disclose the contents of the
document.
"document" includes a part of a document.
"exempt document" means a document of a kind referred to in clause 1 or 2 of
Schedule 1 to the Freedom of Information Act 1989 (ie Cabinet documents or
Executive Council documents).
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