Part 3 Factors favouring nondisclosure in the public interest

OIC note: The public interest balancing test is explained in the Annotation to section 47(3)(b) of the RTI Act. Specifically, for more detailed information about how the public interest test has been applied in particular contexts or in relation to particular documents, please see the ‘Public interest test applied - contexts’ part of that Annotation. In addition, the ‘Public interest test applied - factors’ part of that Annotation provides links to decisions which have considered particular public interest factors listed in schedule 4, as well as links to FOI Act Annotations where FOI Act provisions operated in a similar way to the current RTI Act public interest factors.

1 Disclosure of the information could reasonably be expected to prejudice the collective responsibility of Cabinet or the individual responsibility of members to Parliament.

2 Disclosure of the information could reasonably be expected to prejudice the private, business, professional, commercial or financial affairs of entities.

3 Disclosure of the information could reasonably be expected to prejudice the protection of an individual's right to privacy.

4 The information is the personal information of a child within the meaning of section 25, the applicant is the child's parent within the meaning of section 25 and disclosure of the information is reasonably considered not to be in the child's best interests.

5 The information relates to a person who has died and all of the following apply —

(a) the information would, if the person were alive, be personal information of the person;

(b) the applicant is an eligible family member of the person;

(c) the disclosure of the information could reasonable be expected, if the person were alive, to impact on the person's privacy.

6 Disclosure of the information could reasonably be expected to prejudice the fair treatment of individuals and the information is about unsubstantiated allegations of misconduct or unlawful, negligent or improper conduct.

7 Disclosure of the information could reasonably be expected to prejudice security, law enforcement or public safety.

8 Disclosure of the information could reasonably be expected to impede the administration of justice generally, including procedural fairness.

9 Disclosure of the information could reasonably be expected to impede the administration of justice for a person.

10 Disclosure of the information could reasonably be expected to prejudice the security or good order of a corrective services facility.

11 Disclosure of the information could reasonably be expected to impede the protection of the environment.

12 Disclosure of the information could reasonably be expected to prejudice the economy of the State.

13 Disclosure of the information could reasonably be expected to prejudice the flow of information to the police or another law enforcement or regulatory agency.

14 Disclosure of the information could reasonably be expected to prejudice intergovernmental relations.

15 Disclosure of the information could reasonably be expected to prejudice trade secrets, business affairs or research of an agency or person.

16 Disclosure of the information could reasonably be expected to prejudice an agency's ability to obtain confidential information.

17 Disclosure of the information could reasonably be expected to prejudice the competitive commercial activities of an agency.

18 Disclosure of the information could reasonably be expected to prejudice the conduct of investigations, audits or reviews by the ombudsman or auditor-general.

19 Disclosure of the information could reasonably be expected to prejudice the management function of an agency or the conduct of industrial relations by an agency.

20 Disclosure of the information could reasonably be expected to prejudice a deliberative process of government.

21 Disclosure of the information could reasonably be expected to prejudice the effectiveness of testing or auditing procedures.

22 Disclosure of the information is prohibited by an Act.