New South Wales Consolidated Acts

PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 43

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).