❓ A member of parliament questions the Attorney General regarding the increasing use of exemption clauses under the Freedom of Information Act, and the Attorney General responds that providing the detailed information would require significant resources and is not readily available.
AnsweredQoN 3003Legislative Assembly
QuestionView source ↗
(a) what is the reason for the increase in the total number of times that Government agencies have used an exemption clause in Schedule 1 of the
Freedom of Information Act 1992
in each year from 2003–2004 to 2006–2007;
(b) what is the reason that the increase in the total number of times that Government agencies have used an exemption clause in Schedule 1 of the Act is greater than the increase in the number of Freedom of Information requests lodged under the Act each year;
(c) what is the reason for the increased use of exemption clause 3 in Schedule 1 of the Act by Government agencies in 2006–2007;
(d) what is the reason for the decreased use of exemption clause 5 in Schedule 1 of the Act by Government agencies in 2006–2007; and
(e) what is the reason for the increased use of exemption clause 6 in Schedule 1 of the Act by Government agencies in:
(i) 2005–2006; and
(ii) 2006–2007?
Freedom of Information Act 1992
in each year from 2003–2004 to 2006–2007;
(b) what is the reason that the increase in the total number of times that Government agencies have used an exemption clause in Schedule 1 of the Act is greater than the increase in the number of Freedom of Information requests lodged under the Act each year;
(c) what is the reason for the increased use of exemption clause 3 in Schedule 1 of the Act by Government agencies in 2006–2007;
(d) what is the reason for the decreased use of exemption clause 5 in Schedule 1 of the Act by Government agencies in 2006–2007; and
(e) what is the reason for the increased use of exemption clause 6 in Schedule 1 of the Act by Government agencies in:
(i) 2005–2006; and
(ii) 2006–2007?
AnswerView source ↗
Answered
17 March 2008
Response time
20 days
(a) - (e) The Freedom of Information Act 1992 requires that agencies must give an access applicant reasons when an agency or a third party claims that a particular document is considered to be exempt from disclosure under the Act. It is not uncommon for agencies to claim multiple exemptions in relation to particular documents. Therefore the number of exemptions claimed bears no necessary connection to the number of requests for access made under the Act. In order to ascertain the reasons for annual increases or decreases in the use of exemptions by agencies without resorting to speculation it would be necessary to undertake a review of the basis of each claim having regard to the circumstances of each access application. I am advised by the acting Information Commissioner that this would be an undertaking that would present significant practical difficulties.
The detailed information sought by the member is not readily available. Provision of the information would require considerable research which would divert staff away from their normal duties. However, if the Member has a specific query I will endeavour to provide a response.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
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The detailed information sought by the member is not readily available. Provision of the information would require considerable research which would divert staff away from their normal duties. However, if the Member has a specific query I will endeavour to provide a response.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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