Exempt information

The Right to Information Act 2009 recognises that some information held by a public authority should not be disclosed. The types of information that may be exempted from disclosure include:

• Executive Council information
• Cabinet information
• internal briefing information of a Minister in connection with the official business of a public authority and in connection with the Minister's parliamentary duty
• information not relating to official business
• information affecting national or state security, defence or international relations
• information relating to the enforcement of the law
• information that is protected by legal professional privilege
• information related to a closed meeting of a council
• information communicated by other government jurisdictions *
• internal deliberative (working) information *
• personal information of a third party *
• information relating to business affairs of a third party *
• information relating to the business affairs of a public authority *
• information obtained in confidence *
• information about procedures and criteria used in financial, commercial and labour negotiations, the execution of contracts, the defence prosecution and settlement of cases and similar activities *
• information that is likely to affect the State’s economy *
• information that is likely to affect the cultural heritage and natural resources of the State. *

* These exemptions are subject to a ‘public interest test’.

When applying the public interest test, we consider only matters that are relevant. The Act provides a non-exhaustive list of matters that are relevant and a list of matters that are not relevant:

• schedule 1 of the Act sets out the matters that are to be considered
• schedule 2 of the Act sets out the matters that are irrelevant.