Declaration applying provisions of FOI Act
28 Declaration applying provisions of FOI Act
The director may, on application by an agency, declare a record of the agency to be a record to which the FOI Act, part 5 (Access applications) applies.
The director may make the declaration only if—
the disclosure of the record would, or could reasonably be expected to—
endanger the life or physical safety of a person; or
prejudice law enforcement; or
unreasonably disclose information about any person (including a deceased person); or
be a contempt of court or the Legislative Assembly; or
the record is subject to legal professional privilege.
Unless sooner revoked, a declaration is in force for—
10 years after the day it is made; or
if a shorter period is stated in the declaration—the stated period.
A declaration can be made more than once for a record.
While a declaration about a record is in force, a person is not entitled to access to the record under this Act.
A record to which a declaration applies may be accessed under the FOI Act.
This Act’s bill:Explanatory statementSecond reading speech
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