Application of section 6 RTI Act

Relevant considerations

1. Is disclosing the relevant information prohibited by an Act?

This consideration requires an assessment of the relevant information and legislation.

2. If the disclosing the information is prohibited by an Act, is the relevant provision of the other Act recognised by schedule 3, section 12 of the RTI Act?

See 'Schedule 3, section 12 RTI Act' Annotation.

If the relevant provision is listed in schedule 3, section 12 of the RTI Act, the information willbe exempt information under sections 47(3)(a) and 48 of the RTI Act.

If the relevant provision is not listed in schedule 3, section 12 of the RTI Act, the relevant provision may be considered under schedule 4, part 3, item 22, as a factor favouring nondisclosure in the public interest. Importantly, the relevance of this public interest factor does not mean the information is automatically considered contrary to the public interest under the RTI Act.

Last updated: March 16, 2012