Overview of Schedule 3, section 12 RTI Act

Sections 47(3)(a) and 48 of the RTI Act provide that access may be refused to a document to the extent that it comprises 'exempt information'. Schedule 3 sets out the types of information which the Parliament has considered to be 'exempt information' because its disclosure would, on balance, be contrary to public interest.

Section summary

Information is exempt information if its disclosure is prohibited by any of the listed provisions, unless the information is personal information of the applicant.

Background

Section 6 of the RTI Act makes clear Parliament's intention that the RTI Act overrides the provisions of other Acts prohibiting disclosure of information. However schedule 3, section 12 identifies a number of limited circumstances in which this general rule does not apply.

Other relevant RTI/IP Act sections

Section 6 RTI Act
Relationship with other Acts prohibiting disclosure of information.

Schedule 4, part 3, item 22 RTI Act
If disclosure of information is prohibited by an Act, this item recognises that prohibition as a factor favouring nondisclosure in the public interest.

Section 12 IP Act
Meaning of personal information.

Last updated: May 20, 2013