Tasmanian Consolidated Acts

FREEDOM OF INFORMATION ACT 1991 - SECT 27

      (1) Information is exempt information if –

(a) it consists of –

(i) an opinion, advice or a recommendation prepared by an officer or a Minister; or

(ii) a record of consultations or deliberations between officers and Ministers –

in the course of, or for the purpose of, the deliberative processes included in the functions of an agency or Minister or of the Government; and

(b) its disclosure would be contrary to the public interest.

      (2) Subsection (1) does not include purely factual information.

      (3) Subsection (1) does not include –

(a) a final decision, order or ruling given in the exercise of an adjudicative function; or

(b) a reason which explains such a decision, order or ruling.

      (4) The disclosure of information is not contrary to the public interest for the purpose of subsection (1)(b) merely because of –

(a) the seniority of the person who created, annotated or considered the information; or

(b) the possibility that the public may not readily understand any tentative or optional quality of the information.

      (5) If a decision is made that an applicant is not entitled to information by virtue of this section, the notice given under section 22 shall state the public interest considerations on which that decision was based.

      (6) Subsection (1) ceases to apply in respect of information incorporated in a record after the commencement of this Act 10 years after its incorporation.