Overview of Schedule 3, section 6(c)(i) 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 public disclosure would infringe the privileges of Parliament.

Background

Schedule 3, section 6(c)(i) of the RTI Act replicates section 50(c)(i) of the repealed FOI Act, with no substantive changes.

The concept of parliamentary privilege is dealt with in the Parliament of Queensland Act 2001 (Qld) (POQ Act) and is based on the notion that 'a member of parliament should be able to speak in Parliament with impunity and without fear of the consequences'.1

  • 1 Sankey v Whitlam (1978) 142 CLR 1 at paragraph 35. [up]

Last updated: March 16, 2012