Overview of Section 42(1)(c) FOI Act

Section summary

Matter is exempt if there is a reasonably based expectation that its disclosure could endanger a person’s life or physical safety. This exemption is subject to section 42(2) of the FOI Act.


Section 42(1)(c) of the FOI Act allows the safety of individuals who may be affected by disclosure of information to be considered when assessing whether to disclose information in response to an access application.

Other relevant FOI Act sections

Section 42(2) FOI Act
Section 42(1) of the FOI Act contains other exemptions for matter relating to law enforcement or public safety.

Section 42(2) of the FOI Act excludes certain matter from being exempt under section 42(1) of the FOI Act. Matter is not exempt if:

  • it consists of any of the specific types of matter listed in section 42(2)(a) of the FOI Act; and
  • its disclosure would, on balance, be in the public interest.

Last updated: March 5, 2012