Victorian Consolidated Legislation

Freedom of Information Act 1982 - SECT 38A

Council documents

38A. Council documents



(1) A document is an exempt document if it is-



   (a)  the official record of any deliberation or decision of a closed
        meeting or part of a closed meeting (other than the official record
        under section 89(3) of the Local Government Act 1989 in the minutes of
        a meeting of the reason for closing a meeting to the public);

   (b)  a document which, in the opinion of the principal officer of a
        council, has been prepared for, or will be used for, consideration of
        any matter by the council at a meeting, that in the opinion of the
        principal officer, is likely to be a closed meeting of the council;

   (c)  a document that is a copy of, or of a part of, or contains an extract
        from, a document referred to in paragraph (a) or (b);

   (d)  a document the disclosure of which would involve the disclosure of any
        deliberation or decision of a closed meeting (other than the official
        record under section 89(3) of the Local Government Act 1989 in the
        minutes of a meeting of the reason for closing a meeting to the
        public) or of a meeting that is likely to be a closed meeting;

   (e)  a document that is ancillary to, associated with or accompanying a
        document referred to in paragraph (a), (b), (c) or (d).

(2) Subsection (1) does not apply to a document by reason of the fact that it
was submitted to a closed meeting of a council for its consideration or is
proposed to be so submitted if it was not brought into existence for the
purpose of submission for consideration by a closed meeting.

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