Western Australian Current Acts Western Australian Current Acts[Glossary cl. 1]
[Heading amended: No. 19 of 2010 s. 4.]
1 . Cabinet and Executive Council, deliberations
etc. of
(1) Matter is exempt
matter if its disclosure would reveal the deliberations or decisions of an
Executive body, and, without limiting that general description, matter is
exempt matter if it —
(a) is
an agenda, minute or other record of the deliberations or decisions of an
Executive body; or
(b)
contains policy options or recommendations prepared for possible submission to
an Executive body; or
(c) is a
communication between Ministers on matters relating to the making of a
Government decision or the formulation of a Government policy where the
decision is of a kind generally made by an Executive body or the policy is of
a kind generally endorsed by an Executive body; or
(d) was
prepared to brief a Minister in relation to matters —
(i)
prepared for possible submission to an Executive body; or
(ii)
the subject of consultation among Ministers relating to
the making of a Government decision of a kind generally made by an Executive
body or the formulation of a Government policy of a kind generally endorsed by
an Executive body;
or
(e) is a
draft of a proposed enactment; or
(f) is
an extract from or a copy of, or of part of, matter referred to in any of
paragraphs (a) to (e).
(2) Matter that is
merely factual, statistical, scientific or technical is not exempt matter
under subclause (1) unless —
(a) its
disclosure would reveal any deliberation or decision of an Executive body; and
(b) the
fact of that deliberation or decision has not been officially published.
(3) Matter is not
exempt matter under subclause (1) if it, or, in the case of matter referred to
in subclause (1)(f), the original matter, came into existence before the
commencement of section 10 and at least 15 years have elapsed since it or the
original matter (as the case may be) came into existence.
(4) Matter is not
exempt matter under subclause (1) if it, or, in the case of matter referred to
in subclause (1)(f), the original matter, came into existence after the
commencement of section 10 and at least 10 years have elapsed since it or the
original matter (as the case may be) came into existence.
(5) Matter is not
exempt by reason of the fact that it was submitted to an Executive body for
its consideration or is proposed to be submitted if it was not brought into
existence for the purpose of submission for consideration by the Executive
body.
(6) In this clause
Executive body means —
(a)
Cabinet; or
(b) a
committee of Cabinet; or
(c) a
subcommittee of a committee of Cabinet; or
(d)
Executive Council.
[Clause 1 amended: No. 57 of 1997 s. 62(3); No. 19
of 2010 s. 59.]
2 . Inter-governmental relations, matter that
could damage etc.
(1) Matter is exempt
matter if its disclosure —
(a)
could reasonably be expected to damage relations between the Government and
any other government; or
(b)
would reveal information of a confidential nature communicated in confidence
to the Government (whether directly or indirectly) by any other government.
(2) Matter is not
exempt matter under subclause (1) if its disclosure would, on balance, be in
the public interest.
(3) In this clause
—
other government means the government of the
Commonwealth, another State, a Territory or a foreign country or state.
[Clause 2 amended: No. 19 of 2010 s. 59.]
(1) Matter is exempt
matter if its disclosure would reveal personal information about an individual
(whether living or dead).
(2) Matter is not
exempt matter under subclause (1) merely because its disclosure would reveal
personal information about the applicant.
(3) Matter is not
exempt matter under subclause (1) merely because its disclosure would reveal,
in relation to a person who is or has been an officer of an agency, prescribed
details relating to —
(a) the
person; or
(b) the
person’s position or functions as an officer; or
(c)
things done by the person in the course of performing functions as an officer.
(4) Matter is not
exempt matter under subclause (1) merely because its disclosure would reveal,
in relation to a person who performs, or has performed, services for an agency
under a contract for services, prescribed details relating to —
(a) the
person; or
(b) the
contract; or
(c)
things done by the person in performing services under the contract.
(5) Matter is not
exempt matter under subclause (1) if the applicant provides evidence
establishing that the individual concerned consents to the disclosure of the
matter to the applicant.
(6) Matter is not
exempt matter under subclause (1) if its disclosure would, on balance, be in
the public interest.
[Clause 3 amended: No. 19 of 2010 s. 59.]
4 . Trade secrets, commercial and business
information
(1) Matter is exempt
matter if its disclosure would reveal trade secrets of a person.
(2) Matter is exempt
matter if its disclosure —
(a)
would reveal information (other than trade secrets) that has a commercial
value to a person; and
(b)
could reasonably be expected to destroy or diminish that commercial value.
(3) Matter is exempt
matter if its disclosure —
(a)
would reveal information (other than trade secrets or information referred to
in subclause (2)) about the business, professional, commercial or financial
affairs of a person; and
(b)
could reasonably be expected to have an adverse effect on those affairs or to
prejudice the future supply of information of that kind to the Government or
to an agency.
(4) Matter is not
exempt matter under subclause (1), (2) or (3) merely because its disclosure
would reveal information about the business, professional, commercial or
financial affairs of an agency.
(5) Matter is not
exempt matter under subclause (1), (2) or (3) merely because its disclosure
would reveal information about the business, professional, commercial or
financial affairs of the applicant.
(6) Matter is not
exempt matter under subclause (1), (2) or (3) if the applicant provides
evidence establishing that the person concerned consents to the disclosure of
the matter to the applicant.
(7) Matter is not
exempt matter under subclause (3) if its disclosure would, on balance, be in
the public interest.
[Clause 4 amended: No. 19 of 2010 s. 59.]
4A . Information given to Treasurer etc. under
Bank of Western Australia Act 1995
Matter is exempt
matter if it consists of information provided to —
(a) the
Treasurer under the Bank of Western Australia Act 1995 section 22; or
(b) the
Minister under the Bank of Western Australia Act 1995 section 42O.
[Clause 4A inserted: No. 14 of 2012 s. 9.]
5 . Law enforcement, public safety and property
security, matter prejudicial etc. to
(1) Matter is exempt
matter if its disclosure could reasonably be expected to —
(a)
impair the effectiveness of any lawful method or procedure for preventing,
detecting, investigating or dealing with any contravention or possible
contravention of the law; or
(b)
prejudice an investigation of any contravention or possible contravention of
the law in a particular case, whether or not any prosecution or disciplinary
proceedings have resulted; or
(c)
enable the existence, or non-existence, or identity of any confidential source
of information, in relation to the enforcement or administration of the law,
to be discovered; or
(d)
prejudice the fair trial of any person or the impartial adjudication of any
case or hearing of disciplinary proceedings; or
(e)
endanger the life or physical safety of any person; or
(f)
endanger the security of any property; or
(g)
prejudice the maintenance or enforcement of a lawful measure for protecting
public safety; or
(h)
facilitate the escape of any person from lawful custody or endanger the
security of any prison.
(2) Matter is exempt
matter if it was created by —
(a) the
Bureau of Criminal Intelligence, Protective Services Unit, Witness Security
Unit or Internal Affairs Unit of the Police Force of Western Australia; or
(b) the
Internal Investigations Unit of Corrective Services.
(3) Matter is exempt
matter if it originated with, or was received from, a Commonwealth
intelligence or security agency.
(3A) A Commissioner of
Police report is exempt matter.
(4) Matter is not
exempt matter under subclause (1) or (2) if —
(a) it
consists merely of one or more of the following —
(i)
information revealing that the scope of a law enforcement
investigation has exceeded the limits imposed by the law; or
(ii)
a general outline of the structure of a programme adopted
by an agency for dealing with any contravention or possible contravention of
the law; or
(iii)
a report on the degree of success achieved in any
programme adopted by an agency for dealing with any contravention or possible
contravention of the law;
and
(b) its
disclosure would, on balance, be in the public interest.
(5) In this clause
—
Commissioner of Police report means a written
report referred to in —
(a) the
Sentence Administration Act 1995 section 66H(1) or (4); and
(b) the
Young Offenders Act 1994 section 150D(1) or (4);
Commonwealth intelligence or security agency
means —
(a) the
Australian Security Intelligence Organization; or
(b) the
Australian Secret Intelligence Service; or
(c) that
part of the Department of Defence of the Commonwealth known as the Defence
Signals Directorate; or
(d) that
part of the Department of Defence of the Commonwealth known as the Defence
Intelligence Organisation.
contravention includes a failure to comply;
law means the law of this State, the Commonwealth,
another State, a Territory or a foreign country or state.
[Clause 5 amended: No. 31 of 1993 s. 43; No. 11 of
1996 s. 41; No. 56 of 2004 s. 4; No. 19 of 2010 s. 59; No. 14 of 2022 s. 45.]
6 . Deliberative processes of Government etc.,
matter revealing
(1) Matter is exempt
matter if its disclosure —
(a)
would reveal —
(i)
any opinion, advice or recommendation that has been
obtained, prepared or recorded; or
(ii)
any consultation or deliberation that has taken place,
in the course of, or
for the purpose of, the deliberative processes of the Government, a Minister
or an agency; and
(b)
would, on balance, be contrary to the public interest.
(2) Matter that
appears in an internal manual of an agency is not exempt matter under
subclause (1).
(3) Matter that is
merely factual or statistical is not exempt matter under subclause (1).
(4) Matter is not
exempt matter under subclause (1) if at least 10 years have passed since the
matter came into existence.
[Clause 6 amended: No. 19 of 2010 s. 59.]
7 . Legal professional privilege, matter subject
to
(1) Matter is exempt
matter if it would be privileged from production in legal proceedings on the
ground of legal professional privilege.
(2) Matter that
appears in an internal manual of an agency is not exempt matter under
subclause (1).
[Clause 7 amended: No. 19 of 2010 s. 59.]
8 . Confidential communications
(1) Matter is exempt
matter if its disclosure (otherwise than under this Act or another written
law) would be a breach of confidence for which a legal remedy could be
obtained.
(2) Matter is exempt
matter if its disclosure —
(a)
would reveal information of a confidential nature obtained in confidence; and
(b)
could reasonably be expected to prejudice the future supply of information of
that kind to the Government or to an agency.
(3) Matter referred to
in clause 6(1)(a) is not exempt matter under subclause (1) unless its
disclosure would enable a legal remedy to be obtained for a breach of
confidence owed to a person other than —
(a) a
person in the capacity of a Minister, a member of the staff of a Minister, or
an officer of an agency; or
(b) an
agency or the State.
(4) Matter is not
exempt matter under subclause (2) if its disclosure would, on balance, be in
the public interest.
[Clause 8 amended: No. 19 of 2010 s. 59.]
9 . State’s economy, matter adversely
affecting management of etc.
(1) Matter is exempt
matter if its disclosure could reasonably be expected to —
(a) have
a substantial adverse effect on the ability of the Government or an agency to
manage the economy of the State; or
(b)
result in an unfair benefit or detriment to any person or class of persons
because of the premature disclosure of information concerning any proposed
action or inaction of the Parliament, the Government or an agency in the
course of, or for the purpose of, managing the economy of the State.
(2) Matter is not
exempt matter under subclause (1) if its disclosure would, on balance, be in
the public interest.
[Clause 9 amended: No. 19 of 2010 s. 59.]
10 . State’s financial or property affairs,
matter adversely affecting etc.
(1) Matter is exempt
matter if its disclosure could reasonably be expected to have a substantial
adverse effect on the financial or property affairs of the State or an agency.
(2) Matter is exempt
matter if its disclosure would reveal trade secrets of an agency.
(3) Matter is exempt
matter if its disclosure —
(a)
would reveal information (other than trade secrets) that has a commercial
value to an agency; and
(b)
could reasonably be expected to destroy or diminish that commercial value.
(4) Matter is exempt
matter if its disclosure —
(a)
would reveal information (other than trade secrets or information referred to
in subclause (3)) concerning the commercial affairs of an agency; and
(b)
could reasonably be expected to have an adverse effect on those affairs.
(5) Matter is exempt
matter if its disclosure —
(a)
would reveal information relating to research that is being, or is to be,
undertaken by an officer of an agency or by a person on behalf of an agency;
and
(b)
would be likely, because of the premature release of the information, to
expose the officer or person or the agency to disadvantage.
(6) Matter is not
exempt matter under subclause (1), (2), (3), (4) or (5) if its disclosure
would, on balance, be in the public interest.
[Clause 10 amended: No. 19 of 2010 s. 59.]
11 . Effective operation of agencies, matter
impairing etc.
(1) Matter is exempt
matter if its disclosure could reasonably be expected to —
(a)
impair the effectiveness of any method or procedure for the conduct of tests,
examinations or audits by an agency; or
(b)
prevent the objects of any test, examination or audit conducted by an agency
from being attained; or
(c) have
a substantial adverse effect on an agency’s management or assessment of
its personnel; or
(d) have
a substantial adverse effect on an agency’s conduct of industrial
relations.
(2) Matter is not
exempt matter under subclause (1) if its disclosure would, on balance, be in
the public interest.
[Clause 11 amended: No. 19 of 2010 s. 59.]
12 . Contempt of Parliament or court, matter that
would be
Matter is exempt
matter if its public disclosure would, apart from this Act and any immunity of
the Crown —
(a) be
in contempt of court; or
(b)
contravene any order or direction of a person or body having power to receive
evidence on oath; or
(c)
infringe the privileges of Parliament.
[Clause 12 amended: No. 19 of 2010 s. 59.]
13 . Adoption or artificial conception information
Matter is exempt
matter if its disclosure would reveal —
(a)
information relating to the adoption of a child or arrangements or
negotiations for or towards or with a view to the adoption of a child; or
(b)
information relating to the participation of a person in an artificial
fertilization procedure as defined in the Human Reproductive Technology Act
1991 or as to a person having been born as a result of such a procedure.
[Clause 13 amended: No. 19 of 2010 s. 59.]
(1) Matter is exempt
matter if its disclosure would reveal or tend to reveal the identity of anyone
as —
(a) a
person on whom an abortion mentioned in the Public Health Act 2016 Part 12C
Division 2 has been performed; or
(b) a
person who has performed, or has assisted in the performance of, an abortion
mentioned in the Public Health Act 2016 Part 12C Division 2.
(2) Without limiting
subclause (1), matter is exempt matter under that subclause if it contains an
identification number, or other identifying particular, by reference to which
a person referred to in subclause (1)(a) or (b) can be identified.
(3) Matter is not
exempt matter under subclause (1) merely because its disclosure would reveal
or tend to reveal —
(a) the
applicant as a person on whom an abortion mentioned in the
Public Health Act 2016 Part 12C Division 2 has been performed; or
(b) the
identity of a person who has performed on the applicant, or has assisted in
the performance of on the applicant, an abortion mentioned in the
Public Health Act 2016 Part 12C Division 2; or
(c) the
applicant as a person who has performed, or has assisted in the performance
of, an abortion mentioned in the Public Health Act 2016 Part 12C Division 2.
(4) This clause
applies whether the abortion was performed before, on or after the day on
which the Abortion Legislation Reform Act 2023 section 24 comes into
operation.
[Clause 13A inserted: No. 20 of 2023 s. 24.]
14 . Information protected by certain statutory
provisions
(1) Matter is exempt
matter if it is matter of a kind mentioned in —
(a)
section 167(1)(a), (1)(c), (2)(a) or (2)(b) of the Equal Opportunity Act 1984
; or
(b)
section 64(2)(a), (2)(b) or (3) of the Legal Aid Commission Act 1976 ; or
(c)
section 23(1) of the Parliamentary Commissioner Act 1971 ; or
(d)
section 47 of the Inspector of Custodial Services Act 2003 .
(2) Matter is exempt
matter if it is matter to which a direction given under section 23(1a) of the
Parliamentary Commissioner Act 1971 or section 48 of the
Inspector of Custodial Services Act 2003 applies.
(3) Matter is exempt
matter if its disclosure would reveal anything said or admitted for the
purposes of negotiating the settlement of or conciliating a complaint under
—
(a) Part
3A; or
(b)
administrative instructions under section 23,
of the
Health and Disability Services (Complaints) Act 1995 .
(4A) Matter is exempt
matter if its disclosure would reveal anything said or admitted for the
purposes of negotiating the settlement of or conciliating a complaint under
Division 2 of Part 6 of the Disability Services Act 1993 .
(4) Matter is exempt
matter if it is matter of a kind mentioned in section 29(3) of the
Industry and Technology Development Act 1998 .
(5) Matter is exempt
matter if its disclosure would reveal or tend to reveal the identity of anyone
as —
(a) a
person who has made an appropriate disclosure of public interest information
under the Public Interest Disclosure Act 2003 ; or
(b) a
person in respect of whom a disclosure of public interest information has been
made under the Public Interest Disclosure Act 2003 ; or
(c) a
person who has made, or a person who is mentioned in, a report under the
Children and Community Services Act 2004 section 124B(1); or
(d) a
person who is a notifier as defined in the Children and Community Services
Act 2004 section 240(1), or a person about whom the information mentioned in
that definition is given; or
(e) a
person who has given, or a person who is mentioned in, a notification under
the Commonwealth Family Law Act 1975 section 67ZA(2) or (3) or the
Family Court Act 1997 section 160(2) or (3); or
(f) a
person in respect of whom information is contained in the Community Protection
Offender Register established under the Community Protection (Offender
Reporting) Act 2004 section 80.
[Clause 14 amended: No. 94 of 1994 s. 3; No. 50 of
1995 s. 3; No. 75 of 1995 s. 80(4); No. 13 of 1998 s. 34(2); No. 43 of 1999
s. 20; No. 29 of 2003 s. 28; No. 75 of 2003 s. 56(1); No. 26 of 2008 s. 13;
No. 33 of 2010 s. 57; No. 19 of 2010 s. 59; No. 54 of 2012 s. 44; No. 23 of
2022 s. 44.]
15 . Precious metal transactions, information as
to
(1) Matter is exempt
matter if its disclosure would reveal information about —
(a) gold
or other precious metal received by Gold Corporation from a person, or held by
Gold Corporation on behalf of a person, on current account, certificate of
deposit or fixed deposit; or
(b) a
transaction relating to gold or other precious metal received or held by Gold
Corporation.
(2) In this clause
—
Gold Corporation means the Gold Corporation
constituted under section 4 of the Gold Corporation Act 1987 or a subsidiary
of Gold Corporation within the meaning of that Act.
[Clause 15 amended: No. 19 of 2010 s. 59.]