83J

Reasonable excuse—cabinet documents and legal professional privilege

In force

S. 83J inserted by No. 20/2017 s. 88.

(1)

Without limiting what is a reasonable excuse for the purposes of section 83H, it is a reasonable excuse for a person to refuse or fail to comply with a requirement of the notice if—

(a)

the information or document—

(i)

is an exempt document under section 28 of the Freedom of Information Act 1982; or

(ii)

is information that if included in a document would make that document an exempt document under that section 28; or

(b)

the information or document is subject to legal professional privilege or client legal privilege.

(2)

The Secretary to the Department of Premier and Cabinet may certify that information or a document described in subsection (1)(a)—

(a) in the case of information, is information which, if included in a document, would make the document an exempt document of a kind referred to in section 28(1) of the Freedom of Information Act 1982;

(b)

in the case of a document, is or, if it existed, would be an exempt document of a kind referred to in section 28(1) of the Freedom of Information Act 1982.

This Act’s bill:Explanatory memorandum Second reading speech

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