Presumption against disclosure in some cases
The ‘balancing’ approach to the public interest test applies in most circumstances. However, in relation to 12 categories of information, there is always an overriding public interest against disclosure. These are:
1. Information subject to an overriding secrecy law (26 specifically named Acts)
2. Cabinet information
3. Executive Council information
4. Information subject to the direction or order of a court or other body with the power to receive evidence on oath, or to Parliamentary privilege
5. Information subject to legal professional privilege
6. ‘Excluded information’ (judicial and prosecutorial information, information about complaints handling and investigative functions, competitive and market sensitive information, information in relation to specific functions of the Public Trustee, and information about the ranking and assessment of students completing the HSC)
7. Documents affecting law enforcement and public safety
8. Specific information relating to transport safety
9. Specific information relating to adoption procedures and records
10. Specific reports concerning the care and protection of children
11. Information contained in the Register of Interests kept in relation to the Ministerial Code of Conduct
12. Specific information relating to Aboriginal and environmental heritage.
Generally, agencies must not publish and must refuse requests to disclose information in the above categories. Formal applications for ‘excluded information’ are invalid under the Act.