Victorian Current Acts

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Internal working documents

    (1)     Subject to this section, a document is an exempt document if it is a document the disclosure of which under this Act—

        (a)     would disclose matter in the nature of opinion, advice or recommendation prepared by an officer or Minister, or consultation or deliberation that has taken place between officers, Ministers, or an officer and a Minister, in the course of, or for the purpose of, the deliberative processes involved in the functions of an agency or Minister or of the government; and

        (b)     would be contrary to the public interest.

S. 30(1A) inserted by No. 58/1993 s. 20.

    (1A)     Subsection (1) applies in relation to a council as if for "Minister" there were substituted "member of the council".

    (2)     In the case of a document of the kind referred to in  section 8(1) , the matter referred to in subsection (1)(a) of this section does not include matter that is provided for the use or guidance of, or is used or may be used for, the purpose of making decisions or recommendations, or enforcing enactments or schemes, referred to in section 8(1).

    (3)     This section does not apply to a document by reason only of purely factual material contained in the document.

    (4)     This section does not apply to the record of a final decision, order or ruling given in the exercise of an adjudicative function, and any reason which explains that decision, order or ruling.

    (5)     Where a decision is made under Part III that an applicant is not entitled to access to a document by reason of the application of this section, the notice under section 27 shall state the public interest considerations on which the decision is based.

    (6)     Subsection (1) shall cease to apply to a document brought into existence after the day of commencement of this section when a period of ten years has elapsed since the last day of the year in which the document came into existence.

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