Relevance to the RTI Act

Schedule 4, part 3 of the RTI Act lists factors favouring nondisclosure in the public interest. Relevantly, schedule 4, part 3, item 18 of the RTI Act replicates section 39(1)(a) and (b) of the repealed FOI Act as a public interest factor favouring nondisclosure, rather than a ground for exemption. However, the RTI provision potentially has a broader application, as it refers to investigations, audits and reviews of the ombudsman and auditor-general.

Schedule 4, part 4 of the RTI Act lists factors favouring nondisclosure in the public interest because of public interest harm in disclosure. Relevantly, schedule 4, part 4, item 2 of the RTI Act replicates section 39(1)(a) as a public interest factor favouring nondisclosure because of public interest harm in disclosure, rather than a ground for exemption.