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FREEDOM OF INFORMATION ACT 1982 - SECT 34

Cabinet documents

General rules

             (1)  A document is an exempt document if:

                     (a)  both of the following are satisfied:

                              (i)  it has been submitted to the Cabinet for its consideration, or is or was proposed by a Minister to be so submitted;

                             (ii)  it was brought into existence for the dominant purpose of submission for consideration by the Cabinet; or

                     (b)  it is an official record of the Cabinet; or

                     (c)  it was brought into existence for the dominant purpose of briefing a Minister on a document to which paragraph (a) applies; or

                     (d)  it is a draft of a document to which paragraph (a), (b) or (c) applies.

             (2)  A document is an exempt document to the extent that it is a copy or part of, or contains an extract from, a document to which subsection (1) applies.

             (3)  A document is an exempt document to the extent that it contains information the disclosure of which would reveal a Cabinet deliberation or decision, unless the existence of the deliberation or decision has been officially disclosed.

Exceptions

             (4)  A document is not an exempt document only because it is attached to a document to which subsection (1), (2) or (3) applies.

Note:          However, the attachment itself may be an exempt document.

             (5)  A document by which a decision of the Cabinet is officially published is not an exempt document.

             (6)  Information in a document to which subsection (1), (2) or (3) applies is not exempt matter because of this section if the information consists of purely factual material, unless:

                     (a)  the disclosure of the information would reveal a Cabinet deliberation or decision; and

                     (b)  the existence of the deliberation or decision has not been officially disclosed.



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