The Freedom of Information Act 1982 (Cth) does not apply to all documents, some documents are exempt [s 11]. For example:
- documents affecting national security, defence, international relations [s 33];
- Cabinet documents [s 34];
- documents affecting the enforcement of the law and public safety [s 37];
- documents to which specified secrecy laws apply [s 38];
- documents subject to legal professional privilege [s 42];
- documents containing material obtained in confidence [s 45];
- documents, disclosure of which would be contempt of court or Parliament [s 46];
- documents disclosing trade secrets or commercially valuable information [s 47];
- electoral rolls and related documents [s 47A].
In addition, there is a further category of exemptions where information may be released if it can be shown not to be contrary to the public interest. This includes:
- documents affecting relations with the States and the Commonwealth [s 47B];
- documents concerning deliberative processes [s 47C];
- documents relating to financial or property interests of the Commonwealth [s 47D];
- documents relating to certain operations of agencies [s 47E];
- documents relating to personal privacy [s 47F];
- research documents [s 47H];
- documents relating to personal professional business affairs [s 47G];
- documents concerning the economy [s 47J].
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.