8 Affecting confidential communications

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—

(a) the information consists of information of a confidential nature that was communicated in confidence; and

(b) disclosure of the information could reasonably be expected to prejudice the future supply of information of this type.

(2) However, subsection (1) does not apply in relation to deliberative process information 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.