Government Information (Public Access) Act 2009

It is to be conclusively presumed that there is an overriding public interest against disclosure of information (referred to in this Act as Executive Council information) contained in any of the following documents—

a document that contains an official record of the Executive Council,

a document prepared for the purpose of being submitted to the Executive Council (whether or not that is the only or the dominant purpose for which it was prepared and whether or not the document is actually submitted to the Executive Council),

a document prepared after the Executive Council’s deliberation or advice on a matter that would reveal or tend to reveal information concerning that deliberation or advice,

a document that is a preliminary draft of, or a copy of or part of, or contains an extract from, a document referred to in paragraphs (a)–(c).

Information contained in a document is not Executive Council information if—

public disclosure of the document has been approved by the Governor or the Premier, or

10 years have passed since the end of the calendar year in which the document came into existence.

Information is not Executive Council information merely because it is contained in a document attached to a document referred to in subclause (1).

Information is not Executive Council information to the extent that it consists solely of factual material unless the information would reveal or tend to reveal information concerning any deliberation or advice of the Executive Council.