Relevance to the RTI Act

Section 55 of the RTI Act substantially replicates section 35 of the repealed FOI Act in relation to 'prescribed information', rather than 'exempt matter under section 36, 37, 42 or 42A'. The definition of 'prescribed information' in schedule 6 of the RTI Act includes:

  • Cabinet matter brought into existence before 1 July 2009;1
  • Cabinet information brought into existence on or after 1 July 2009;2
  • Executive Council information;3
  • information briefing an incoming Minister;4
  • information revealing particular Sovereign communications;5
  • national or State security Information;6
  • law enforcement or public safety information; and7
  • personal information the disclosure of which would, on balance be contrary to the public interest.8

1 Schedule 3, section 1 of the RTI Act.
2 Schedule 3, section 2 of the RTI Act.
3 Schedule 3, section 3 of the RTI Act.
4 Schedule 3, section 4 of the RTI Act.
5 Schedule 3, section 5 of the RTI Act.
6 Schedule 3, section 9 of the RTI Act.
7 Schedule 3, section 10 of the RTI Act.
8 Section 47(3)(b) of the RTI Act.

Last updated: March 1, 2012