Victorian Consolidated Legislation

Freedom of Information Act 1982 - SECT 36

Disclosure contrary to public interest

36. Disclosure contrary to public interest



(1) A document is an exempt document if-



   (a)  in the case of documents of a department or prescribed authority its
        premature disclosure under this Act would be contrary to the public
        interest by reason that the disclosure would be reasonably likely to
        have a substantial adverse effect on the economy of Victoria,
        including but not limited to, revealing consideration of a
        contemplated movement in bank interest rates or in sales tax, the
        imposition of credit controls, the sale or acquisition of land or
        property by the Crown, urban re-zoning, the formulation of land use
        and planning controls and the formulation of State imposts; or

   (b)  in the case of documents of a department or prescribed authority its
        disclosure under this Act would be contrary to the public interest by
        reason that it would disclose instructions issued to, or provided for
        the use or guidance of, officers of an agency on the procedures to be
        followed or the criteria to be applied in negotiation, including
        financial, commercial and labour negotiation, in the execution of
        contracts, in the defence, prosecution and settlement of cases, and in
        similar activities relating to the financial property or personnel
        management and assessment interests of the Crown or of an agency.

(2) A document is an exempt document if-

   (a)  in the case of a document of a council, its premature disclosure under
        this Act would be contrary to the public interest by reason that the
        disclosure would be reasonably likely to have a substantial adverse
        effect on the economy of the municipal district, including but not
        limited to, revealing consideration of a contemplated movement in
        rates, fees, charges, interest charges or other levies, the sale or
        acquisition of land or property by the council, urban re-zoning, the
        formulation of land use and planning controls and the formation of
        imposts; or

   (b)  in the case of a document of a council, its disclosure under this Act
        would be contrary to the public interest by reason that it would
        disclose instructions issued to, or provided for the use of guidance
        of, officers of a council on the procedures to be followed or the
        criteria to be applied in negotiation, including financial, commercial
        and labour negotiation, in the execution of contracts, in the defence,
        prosecution and settlement of cases, and in similar activities
        relating to the financial property or personnel management and
        assessment interests of the council.