5 Disclosing information brought into existence for ensuring security or good order of corrective services facility

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 would disclose information that—

(a) is in the possession of, or brought into existence by, the department in which the Corrective Services Act 2006 is administered; and

(b) is—

(i) a recording of a telephone call made by an offender from a corrective services facility; or

(ii) an audio recording made in a corrective services facility for the security or good order of the facility; or

(iii) a visual recording of a corrective services facility or a part of a corrective services facility; or

(iv) a document to the extent that it refers to or contains any part of a recording mentioned in subparagraph (i), (ii) or (iii).

(2) In this section—

offender means an offender as defined under the Corrective Services Act 2006.