❓ Hon Norman Moore questions the Attorney General regarding the interpretation of the Freedom of Information Act 1992 concerning the release of cabinet documents. The Attorney General clarifies that there has been no new interpretation and refers to specific clauses within the Act.
AnsweredQoN 773Legislative Council
QuestionView source ↗
FREEDOM OF INFORMATION ACT - CABINET DOCUMENTS
(1) Is it correct that the government is now interpreting the Freedom of Information Act in a manner that allows the release of cabinet documents inside the standard 30-year period covering cabinet confidentiality? (2) If so, will the Attorney General provide some detail of which sections of the FOI act are deemed to make such release possible, the range of documents it covers and the period over which it applies? (3) Will the Attorney General table any relevant advice provided to government on the subject; and, if not, why not? Hon SUE ELLERY
(1) Is it correct that the government is now interpreting the Freedom of Information Act in a manner that allows the release of cabinet documents inside the standard 30-year period covering cabinet confidentiality? (2) If so, will the Attorney General provide some detail of which sections of the FOI act are deemed to make such release possible, the range of documents it covers and the period over which it applies? (3) Will the Attorney General table any relevant advice provided to government on the subject; and, if not, why not? Hon SUE ELLERY
AnswerView source ↗
I thank the honourable member for some notice of the question. (1) No, there has been no new interpretation. Since its inception, the Freedom of Information Act 1992 has provided that cabinet documents are not exempt from disclosure if it is more than 10 years, or in some cases 15 years, since the cabinet documents were created. (2) I refer the member to clause 1(3) and (4) of schedule 1 of the Freedom of Information Act 1992. (3) No. Legal advice is privileged.
(2) If so, will the Attorney General provide some detail of which sections of the FOI act are deemed to make such release possible, the range of documents it covers and the period over which it applies? (3) Will the Attorney General table any relevant advice provided to government on the subject; and, if not, why not? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) No, there has been no new interpretation. Since its inception, the Freedom of Information Act 1992 has provided that cabinet documents are not exempt from disclosure if it is more than 10 years, or in some cases 15 years, since the cabinet documents were created. (2) I refer the member to clause 1(3) and (4) of schedule 1 of the Freedom of Information Act 1992. (3) No. Legal advice is privileged.
(3) Will the Attorney General table any relevant advice provided to government on the subject; and, if not, why not? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) No, there has been no new interpretation. Since its inception, the Freedom of Information Act 1992 has provided that cabinet documents are not exempt from disclosure if it is more than 10 years, or in some cases 15 years, since the cabinet documents were created. (2) I refer the member to clause 1(3) and (4) of schedule 1 of the Freedom of Information Act 1992. (3) No. Legal advice is privileged.
Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) No, there has been no new interpretation. Since its inception, the Freedom of Information Act 1992 has provided that cabinet documents are not exempt from disclosure if it is more than 10 years, or in some cases 15 years, since the cabinet documents were created. (2) I refer the member to clause 1(3) and (4) of schedule 1 of the Freedom of Information Act 1992. (3) No. Legal advice is privileged.
I thank the honourable member for some notice of the question. (1) No, there has been no new interpretation. Since its inception, the Freedom of Information Act 1992 has provided that cabinet documents are not exempt from disclosure if it is more than 10 years, or in some cases 15 years, since the cabinet documents were created. (2) I refer the member to clause 1(3) and (4) of schedule 1 of the Freedom of Information Act 1992. (3) No. Legal advice is privileged.
(1) No, there has been no new interpretation. Since its inception, the Freedom of Information Act 1992 has provided that cabinet documents are not exempt from disclosure if it is more than 10 years, or in some cases 15 years, since the cabinet documents were created. (2) I refer the member to clause 1(3) and (4) of schedule 1 of the Freedom of Information Act 1992. (3) No. Legal advice is privileged.
(2) I refer the member to clause 1(3) and (4) of schedule 1 of the Freedom of Information Act 1992. (3) No. Legal advice is privileged.
(3) No. Legal advice is privileged.
(2) If so, will the Attorney General provide some detail of which sections of the FOI act are deemed to make such release possible, the range of documents it covers and the period over which it applies? (3) Will the Attorney General table any relevant advice provided to government on the subject; and, if not, why not? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) No, there has been no new interpretation. Since its inception, the Freedom of Information Act 1992 has provided that cabinet documents are not exempt from disclosure if it is more than 10 years, or in some cases 15 years, since the cabinet documents were created. (2) I refer the member to clause 1(3) and (4) of schedule 1 of the Freedom of Information Act 1992. (3) No. Legal advice is privileged.
(3) Will the Attorney General table any relevant advice provided to government on the subject; and, if not, why not? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) No, there has been no new interpretation. Since its inception, the Freedom of Information Act 1992 has provided that cabinet documents are not exempt from disclosure if it is more than 10 years, or in some cases 15 years, since the cabinet documents were created. (2) I refer the member to clause 1(3) and (4) of schedule 1 of the Freedom of Information Act 1992. (3) No. Legal advice is privileged.
Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) No, there has been no new interpretation. Since its inception, the Freedom of Information Act 1992 has provided that cabinet documents are not exempt from disclosure if it is more than 10 years, or in some cases 15 years, since the cabinet documents were created. (2) I refer the member to clause 1(3) and (4) of schedule 1 of the Freedom of Information Act 1992. (3) No. Legal advice is privileged.
I thank the honourable member for some notice of the question. (1) No, there has been no new interpretation. Since its inception, the Freedom of Information Act 1992 has provided that cabinet documents are not exempt from disclosure if it is more than 10 years, or in some cases 15 years, since the cabinet documents were created. (2) I refer the member to clause 1(3) and (4) of schedule 1 of the Freedom of Information Act 1992. (3) No. Legal advice is privileged.
(1) No, there has been no new interpretation. Since its inception, the Freedom of Information Act 1992 has provided that cabinet documents are not exempt from disclosure if it is more than 10 years, or in some cases 15 years, since the cabinet documents were created. (2) I refer the member to clause 1(3) and (4) of schedule 1 of the Freedom of Information Act 1992. (3) No. Legal advice is privileged.
(2) I refer the member to clause 1(3) and (4) of schedule 1 of the Freedom of Information Act 1992. (3) No. Legal advice is privileged.
(3) No. Legal advice is privileged.
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