8 Information disclosure of which would found action for breach of confidence
(1) Information is exempt information if its disclosure would found an action for breach of confidence.
(2) However, deliberative process information is not exempt information under subsection (1) unless it consists of information communicated by an entity other than—
(a) a person in the capacity of—
(i) a Minister; or
(ii) a member of the staff of, or a consultant to, a Minister; or
(iii) an officer of an agency; or
(b) the State or an agency.
(3) In this section—
deliberative process information means information disclosing—
(a) an opinion, advice or recommendation that has been obtained, prepared or recorded; or
(b) a consultation or deliberation that has taken place; in the course of, or for the purposes of, the deliberative processes involved in the functions of government.