AustLII Tasmanian Consolidated Acts

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FREEDOM OF INFORMATION ACT 1991 - SECT 28

28. Law enforcement information

      (1) Information is exempt information if its disclosure under this Act would, or would be reasonably likely to –

(a) prejudice –

(i) the investigation of a breach or possible breach of the law; or

(ii) the enforcement or proper administration of the law in a particular instance; or

(iii) the fair trial of a person; or

(iv) the impartial adjudication of a particular case; or

(b) disclose, or enable a person to ascertain, the identity of a confidential source of information in relation to the enforcement or administration of the law; or

(c) disclose methods or procedures for preventing, detecting, investigating or dealing with matters arising out of, breaches or evasions of the law the disclosure of which would, or would be reasonably likely to, prejudice the effectiveness of those methods or procedures; or

(d) endanger the life or physical safety of a person.

      (2) Subsection (1) does not include information that –

(a) reveals that the scope of a law enforcement investigation has exceeded a limit imposed by law; or

(b) reveals the use of an illegal method or procedure for preventing, detecting, investigating or dealing with a matter arising out of a breach or evasion of the law; or

(c) contains a general outline of the structure of a programme adopted by an agency for investigating breaches of or enforcing or administering the law; or

(d) is a report on the degree of success achieved in a programme adopted by an agency for investigating breaches of or enforcing or administering the law; or

(e) is a report prepared in the course of a routine law enforcement inspection or investigation by an agency with the function of enforcing and regulating compliance with a particular law other than the criminal law; or

(f) is a report on a law enforcement investigation, if the substance of the report has been disclosed to the person or the body the subject of the investigation –

if it is in the public interest that the information should be given under this Act.



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