Disclosing deliberative processes
4 Disclosing deliberative processes
Disclosure of the information could reasonably be expected to cause a public interest harm through disclosure of—
an opinion, advice or recommendation that has been obtained, prepared or recorded; or
a consultation or deliberation that has taken place;
in the course of, or for, the deliberative processes involved in the functions of government.
Examples of information of the type mentioned in subsection (1)—
• a document prepared by an agency about projections of future revenue for the
State
• a document prepared to inform a decision by an agency about potential road routes, where disclosure of all potential routes, including those that are subsequently rejected, could have a negative impact on property values or cause community concern
If the deliberative processes mentioned in subsection (1) include public consultation, subsection (1) applies only until the public consultation starts.
However, subsection (1) does not apply for information to the extent it consists of—
information that appears in an agency’s policy document; or
factual or statistical information;
or
expert opinion or analysis (other than expert opinion or analysis commissioned in the course of, or for, the deliberative processes mentioned in subsection (1)) by a person recognised as an expert in the field of knowledge to which the opinion or analysis relates.
Also, subsection (1) does not apply for information if it consists of—
a report of a body or organisation—
established within an agency; and
prescribed under a regulation; or
the record of, as a formal statement of the reasons for, a final decision, order or ruling given in the exercise of—
a power; or
an adjudicative function;
or
a statutory function;
or
the administration of a publicly funded scheme.
This provision refers to the regulations (a regulation
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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