Information not made publicly available

Section 12 of the GIPA Act provides that there is a general public interest in favour of the disclosure of government information. Section 14 of the GIPA Act sets out the public interest considerations against disclosure. In Schedule 1 to the Act is set out the information for which there is conclusive presumption of overriding public interest against disclosure: this includes Cabinet information, Executive Council information, information the public disclosure of which would constitute contempt of court and information to which legal professional privilege attaches.

Apart from the categories of information in Schedule 1, section 14(2) of the GIPA Act provides that the only other considerations that may be taken into account under the Act as public interest considerations against disclosure are those set out in the Table contained in that section. The categories are:

  • responsible and effective government
  • law enforcement and security
  • individual rights, judicial processes and natural justice
  • business interests of agencies and other persons
  • environment, culture, economy and general matters
  • secrecy provisions
  • exempt documents under interstate Freedom of Information legislation.

Visit the Information and Privacy Commission website for more information.