Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Information is exempt information if it is contained in –
(a) the official record of a deliberation or decision of the Governor or the Executive Council; or
(b) a record prepared for the purpose of being submitted to the Governor or the Executive Council for consideration; or
(c) a record that is a copy of, or a copy of part of, a record referred to in paragraph (a) or (b); or
(d) a record, the disclosure of which would involve the disclosure of a deliberation or decision of the Governor or the Executive Council, other than a record by which a decision of the Governor or the Executive Council was officially published.
(2) For the purposes of this Act, a certificate signed by the Official Secretary to the Governor or by the Secretary to the Executive Council, as the case may be, certifying that a record is one of a kind referred to in subsection (1) establishes that fact conclusively.
(3) Subsection (1) does not include information solely because it is contained in a record that –
if the record was not brought into existence for submission to the Governor or Executive Council for consideration.(a) was submitted to the Governor or Executive Council for consideration; or
(b) is proposed to be submitted to the Governor or Executive Council for consideration –
(4) Subsection (1) does not include purely factual information unless its disclosure would disclose a deliberation or decision of the Governor or Executive Council which has not been officially published.
(5) The Ombudsman has no power under section 48 to require that information contained in a record referred to in subsection (2) should be provided but where the Ombudsman on a review under section 48 decides that the public interest requires that the information should be provided the Ombudsman shall instead prepare a report on the application for the information and the refusal to supply it, and the Ombudsman's review of that decision, and present it to both Houses of Parliament.