Western Australian Current Acts

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FREEDOM OF INFORMATION ACT 1992 - SECT 90

90 .         Exempt matter etc., Court to ensure non-disclosure of

        (1)         In hearing and determining review proceedings the Court has to avoid the disclosure of —

            (a)         exempt matter; or

            (b)         information as to the existence or non-existence of a document containing matter exempt under clause 1, 2 or 5 of Schedule 1.

        (2)         If in the opinion of the Supreme Court it is necessary to do so in order to prevent disclosure of exempt matter or matter of a kind referred to in subsection (1)(b) the Supreme Court may receive evidence and hear argument in the absence of the public and any party or representative of a party.

        (3)         The Supreme Court is not to include exempt matter, or information of a kind referred to in subsection (1)(b) in its decision in review proceedings or in reasons given for the decision.

        (4)         If the question of whether or not a document is a document of the agency is in issue, subsections (1), (2) and (3) apply to the contents of the document as if those contents were exempt matter.



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