AustLII Tasmanian Consolidated Acts

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RIGHT TO INFORMATION ACT 2009 - SECT 30

Information relating to enforcement of the law

(1)  Information is exempt information if its disclosure under this Act would, or would be reasonably likely to –
(a) prejudice –
(i) the investigation of a breach or possible breach of the law; or
(ii) the enforcement or proper administration of the law in a particular instance; or
(iii) the fair trial of a person; or
(iv) the impartial adjudication of a particular case; or
(b) disclose, or enable a person to ascertain, the identity of a confidential source of information in relation to the enforcement or administration of the law; or
(c) disclose methods or procedures for preventing, detecting or investigating, or dealing with matters arising out of, breaches or evasions of the law, the disclosure of which would, or would be reasonably likely to, prejudice the effectiveness of those methods or procedures; or
(d) endanger the life or physical, emotional or psychological safety of a person, or increase the likelihood of harassment or discrimination of a person; or
(e) disclose information gathered, collated or created for intelligence, including but not limited to databases of criminal intelligence, forensic testing or anonymous information from the public; or
(f) hinder, delay or prejudice an investigation of a breach or possible breach of the law which is not yet complete.
(2)  Subsection (1) includes information that –
(a) reveals that the scope of a law enforcement investigation has exceeded a limit imposed by law; or
(b) reveals the use of an illegal method or procedure for preventing, detecting or investigating, or dealing with a matter arising out of, a breach or evasion of the law; or
(c) contains a general outline of the structure of a program adopted by a public authority for investigating breaches of or enforcing or administering the law; or
(d) is a report on the degree of success achieved in a program adopted by a public authority for investigating breaches of or enforcing or administering the law; or
(e) is a report prepared in the course of a routine law enforcement inspection or investigation by a public authority with the function of enforcing and regulating compliance with a particular law other than the criminal law if the inspection or investigation is complete; or
(f) is a report on a law enforcement investigation, if the substance of the report has been disclosed to the person or the body that is the subject of the investigation –
if it is contrary to the public interest that the information should be given under this Act.
(3)  The matters which must be considered in deciding if the disclosure of information under subsection (2) is contrary to the public interest are specified in Schedule 1 but are not limited to those matters.
(4)  The matters specified in Schedule 2 are matters that are irrelevant in deciding if the disclosure of information under subsection (2) is contrary to the public interest.



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