Freedom of Information Amendment (Reform) Act 2010

This section applies if:

part (or all) of an agency’s operational information (the unpublished information), in relation to a function or power of the agency, is not published by the agency in accordance with this Part; and

a person engages in conduct relevant to the performance of the function or the exercise of the power; and

at the time of engaging in that conduct:

the person was not aware of the unpublished information; and

the agency had been in existence for more than 12 months.

An agency’s operational information is required to be published by the agency (see sections 8 and 8A).

The person must not be subjected to any prejudice only because of the application to that conduct of any rule, guideline or practice in the unpublished information, if the person could lawfully have avoided that prejudice had he or she been aware of the unpublished information.