Overview of Section 41 FOI Act

Section summary

Matter is exempt if its disclosure:

• would, on balance be contrary to the public interest; and
• would disclose an opinion, advice or recommendation that has been obtained, prepared or recorded in the course of, or for the purpose of, the deliberative processes involved in the functions of government; or
• would disclose a consultation or deliberation that has taken place in the course of, or for the purpose of, the deliberative processes involved in the functions of government

However, matter of the type listed in sections 41(2) and (3) of the FOI Act is not exempt under section 41(1) of the FOI Act.

Other relevant FOI Act sections

Section 46 FOI Act
Section 46 of the FOI Act deals with matter communicated confidence. Section 46(2) excludes the type of information mentioned in section 41(1) from exemption under section 46, unless it consists of matter communicated by certain persons or bodies listed in section 46(2).