Relevant considerations
1. Does the information consist of the type of information listed in section 42(2)?
Matter is not exempt under section 42(1) if its disclosure would, on balance, be in the public interest under section 42(2)(b) of the FOI Act, and if it consists of:
2. Is there a natural resource, cultural resource or habitat?
a) Natural resource
The Macquarie Online dictionary defines a ‘natural resource’ as ‘a resource which occurs naturally, such as sunlight, wind, soil, water, etc’.
b) Cultural resource
The Macquarie Online dictionary defines ‘cultural’ as ‘of or relating to culture or cultivation’.
c) Habitat of animals or plants
The Macquarie Online dictionary defines a ‘habitat’ as ‘the native environment or kind of place where a given animal or plant naturally lives or grows, as warm seas, mountain tops, fresh waters, etc’.
3. Is there a reasonable expectation that disclosing the information could prejudice the wellbeing of a cultural or natural resource or the habitat of animals or plants?
a) Whether that expectation is reasonably based
See ‘Could reasonably be expected to’ Annotation.
The expectation of prejudice must exist as a result of disclosure, rather than independently or from any other circumstance. This requirement is satisfied where an existing expectation of endangerment will be increased by disclosure
Last updated: March 1, 2012