Relevance to the RTI Act

Schedule 4, part 4, section 10 of the RTI Act replicates this provision with two key alterations from the repealed FOI Act. Under the RTI Act provision, matter is not exempt after 8 years from the last written communication between the Department and relevant person. Relevantly, section 49 of the FOI Act is replicated by schedule 4, part 4, section 10 of the RTI Act as a public interest factor favouring nondisclosure because of the public interest harm in disclosure, rather than a ground for exemption.