Freedom of InformationNo. 3, 1982
(10) A delegation under sub-section (8) does not prevent the exercise of a power by the responsible Minister.
Documents affecting enforcement of the law and protection of public safety
37. (1) A document is an exempt document if its disclosure under this Act would, or could reasonably be expected to—
- (a) prejudice the conduct of an investigation of a breach, or possible breach, of the law, or a failure, or possible failure, to comply with a law relating to taxation or prejudice the enforcement or proper administration of the law in a particular instance;
- (b) disclose, or enable a person to ascertain, the existence or identity of a confidential source of information in relation to the enforcement or administration of the law; or
- (c) endanger the lives or physical safety of persons engaged in or in connection with law enforcement.
(2) A document is an exempt document if its disclosure under this Act would, or could reasonably be expected to—
- (a) prejudice the fair trial of a person or the impartial adjudication of a particular case;
- (b) disclose lawful 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
- (c) prejudice the maintenance or enforcement of lawful methods for the protection of public safety.
(3) In sub-sections (1) and (2), "law" means law of the Commonwealth or of a State or Territory.
Documents to which secrecy provisions of enactments apply
38. A document is an exempt document if there is in force an enactment applying specifically to information of a kind contained in the document and prohibiting persons referred to in the enactment from disclosing information of that kind, whether the prohibition is absolute or is subject to exceptions or qualifications.
Documents affecting financial or property interests of the Commonwealth
39. A document is an exempt document if its disclosure under this Act would be contrary to the public interest by reason that the disclosure would have a substantial adverse effect on the financial or property interests of the Commonwealth or of an agency.
