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Overview of Section 45(3) FOI Act

Section summary

A matter is exempt if its disclosure:

  • would disclose the purpose or results of research at any stage, whether or not started or completed; and
  • could reasonably be expected to have an adverse effect on the agency or person for which the research was being carried out.

Background

Section 45(3) was amended by the Freedom of Information and Other Legislation Amendment Act 2005 (Qld) to specify the relevant stage of research or results. The amendment reflects comments made by the Information Commissioner in various decisions and allows the operative test of the section to extend to research that has already been completed.1

1Spilsbury and Brisbane City Council; John Wilson & Partners Pty Ltd (Third Party); Environmental Resources Management (Qld) Pty Ltd (Fourth Party) (1995) QAR 335 at paragraph 56.

Last updated: March 5, 2012