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Exemptions under the Freedom of Information Act: An Official's Viewpoint

Published online by Cambridge University Press:  24 January 2025

A D Rose
A D Rose*
Affiliation:
Department of Prime Minister and Cabinet, Canberra
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Extract

Mr Bayne in addressing the topic of the exemptions under the Freedom of Information Act 1982 (“FOI Act“) has concentrated his analysis on and dealt at some length with, the provisions of Part IV - Exempt Documents.

To achieve a balanced understanding of the role and significance of the exemptions I believe one needs in addition to see how the FOI Act fits into the broader context of arrangements for access to official information.

There are other qualifications and limits set on the application of the “legally enforceable right” in s II which might also be considered usefully in the context of exemptions.

It is in addition important as Mr Bayne has indicated in dealing with, for example, s 36 to take account of the requirements of ss 8 and 9 of the FOI Act if the application of Part IV is to be seen in proper context.

I propose therefore to address these matters before commenting on selected issues raised by Mr Bayne with respect to particular exemptions in Part IV.

Type
Research Article
Information
Federal Law Review , Volume 14 , Issue 2 , June 1983 , pp. 137 - 142
Copyright
Copyright © 1983 The Australian National University

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References

1 (1983) 14 FL Rev 67, 86-87.

2 Ibid 85-86.