1 Affecting relations with other governments

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 cause a public interest harm if disclosure could—

(a) cause damage to relations between the State and another government; or

(b) divulge information of a confidential nature that was communicated in confidence by or for another government.

(2) Subsection (1) applies only for 10 years after the information was brought into existence.

(3) The information commissioner may, on application by a prescribed entity, extend the 10 year period if the commissioner considers the extension in the public interest.

(4) An application for an extension may be made before or after the end of the 10 year period.

(5) In this section—

prescribed entity means—

(a) an agency or Minister; or

(b) an entity that would be a relevant third party under section 37 in relation to the document containing the information in relation to which the extension is sought.