Affecting confidential communications
8 Affecting confidential communications
Disclosure of the information could reasonably be expected to cause a public interest harm if—
the information consists of information of a confidential nature that was communicated in confidence; and
disclosure of the information could reasonably be expected to prejudice the future supply of information of this type.
However, subsection (1) does not apply in relation to deliberative process information unless it consists of information communicated by an entity other than—
a person in the capacity of—
a Minister; or
a member of the staff of, or a consultant to, a Minister; or
an officer of an agency;
or
the State or an agency.
In this section—
deliberative process information means information disclosing—
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 purposes of, the deliberative processes involved in the functions of government.
This Act’s bill:Explanatory memorandumSecond reading speech
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