Effect of publication by Cabinet or Establishment and Coordination Committee on public interest immunity
18A Effect of publication by Cabinet or Establishment and Coordination Committee on public interest immunity
This section applies in relation to a decision being made in a proceeding or process about whether a common law or statutory rule prevents the production or disclosure of information in connection with Cabinet or the Establishment and
Coordination Committee because the production or disclosure would be contrary to the public interest.
In the making of the decision, the following matters must be disregarded in assessing the public interest—
the publication by Cabinet or the committee of any other information contained in the document that contains the information;
the publication by Cabinet or the committee of any other information contained in a document mentioned in schedule 3, section 2(3) or 4A(3);
a decision by Cabinet or the committee to officially publish information contained in a document mentioned in schedule 3, section 2(3) or 4A(3) on a regular basis.
In this section—
proceeding or process includes any extra-curial proceeding or inquisitorial or investigative process carried out under an Act.
Examples—
• an investigation carried out by the Crime and Corruption Commission
• an investigation carried out by the Independent Assessor under the Local
Government Act 2009
• an inquiry carried out by a professional body into a complaint against a member of the body
This Act’s bill:Explanatory memorandumSecond reading speech
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