Relevance to the RTI Act
Schedule 3, section 1 of the RTI Act retains the exemption in section 36 of the FOI Act for matter brought into existence before commencement of the RTI Act on 1 July 2009.
Schedule 3, section 2 of the RTI Act contains an exemption similar to section 36 of the FOI Act for information brought into existence after the commencement of the RTI Act on 1 July 2009, however information under this provision will only be exempt if:
- the information was brought into existence for the consideration of Cabinet;
- disclosing the information would prejudice the confidentiality of Cabinet considerations or operations; or
- the information has been brought into existence in the course of the State's budgetary processes.
Under the RTI Act, information will remain exempt for 10 years after the date the information was most recently considered by Cabinet.
Last updated: April 18, 2012