Victorian Consolidated Legislation

Freedom of Information Act 1982 - SECT 30

Internal working documents

30. Internal working documents



(1) Subject to this section, a document is an exempt document if it is a
document the disclosure of which under this Act-

   (a)  would disclose matter in the nature of opinion, advice or
        recommendation prepared by an officer or Minister, or consultation or
        deliberation that has taken place between officers, Ministers, or an
        officer and a Minister, in the course of, or for the purpose of, the
        deliberative processes involved in the functions of an agency or
        Minister or of the government; and

   (b)  would be contrary to the public interest.

(1A) Subsection (1) applies in relation to a council as if for "Minister"
there were substituted "member of the council".

(2) In the case of a document of the kind referred to in section 8(1), the
matter referred to in subsection (1)(a) of this section does not include
matter that is provided for the use or guidance of, or is used or may be used
for, the purpose of making decisions or recommendations, or enforcing
enactments or schemes, referred to in section 8(1).

(3) This section does not apply to a document by reason only of purely factual
material contained in the document.

(4) This section does not apply to the record of a final decision, order or
ruling given in the exercise of an adjudicative function, and any reason which
explains that decision, order or ruling.

(5) Where a decision is made under Part III that an applicant is not entitled
to access to a document by reason of the application of this section, the
notice under section 27 shall state the public interest considerations on
which the decision is based.

(6) Subsection (1) shall cease to apply to a document brought into existence
after the day of commencement of this section when a period of ten years has
elapsed since the last day of the year in which the document came into
existence.