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2,761 Application of Section 41 FOI Act

Annotations

Application of Section 41 FOI Act. Relevant considerations. 1. Do any of the exclusions in section 41(2) apply to the relevant matter? Under section 41(2) matter is not exempt if it merely consists of:. matter that appears in an agency's policy

2,762 Relevance to the RTI Act

Annotations

Relevance to the RTI Act. Importantly, the RTI Act deals with ‘personal information’ (defined in section 12 of the Information Privacy Act 2009 (Qld)), rather than the ‘personal affairs of a person’. Accordingly, decisions under section 44(1)

2,763 Relevance to the RTI Act

Annotations

Relevance to the RTI Act. The relevant sections of the RTI Act are sections 47(3)(d) and 77. Together, the provisions work in substantially the same way as section 44(3) of the FOI Act. Under section 47(3)(d) of the RTI Act, an agency or Minister

2,764 Relevant decisions from other jurisdictions

Annotations

Relevant decisions from other jurisdictions. Re K and Director-General of Social Security (1984) 6 ALD 345. This decision considered the application of the equivalent exemption under the Commonwealth legislation, section 41(3) of the Freedom of

2,765 Relevance to the RTI Act

Annotations

Relevance to the RTI Act. Schedule 4, part 4 of the RTI Act lists factors favouring nondisclosure in the public interest because of public interest harm in disclosure. Relevantly, section 46(1)(b) of the FOI Act is replicated by schedule 4, part 4,

2,766 Relevance to the RTI Act

Annotations

Relevance to the RTI Act. Schedule 3, section 11 of the RTI Act retains this exemption with one key alteration from the repealed FOI Act; under the RTI Act exemption, matter is not exempt after 8 years from the last written communication between the

2,767 Relevance to the RTI Act

Annotations

Relevance to the RTI Act. Schedule 4, part 4, section 10 of the RTI Act replicates this provision with two key alterations from the repealed FOI Act. Under the RTI Act provision, matter is not exempt after 8 years from the last written communication

2,768 Relevant decisions from other jurisdictions

Annotations

Relevant decisions from other jurisdictions. Re Jones and Shire of Swan [1994] WAICmr 6. This decision considered the application of the equivalent exemption under Western Australian legislation. Schedule 1, clause 10(1) of the Freedom of

2,769 51 Disclosure that may reasonably be expected to be of substantial concern

Legislation

51 Disclosure that may reasonably be expected to be of substantial concern. (1) An agency or Minister may give access to a document that contains matter the disclosure of which may reasonably be expected to be of substantial concern to a government,

2,770 Key published decisions applying Section 73 FOI Act

Annotations

Key published decisions applying Section 73 FOI Act. Young and Workers' Compensation Board of Queensland (1994) 1 QAR 543. Here, the application for external review was made more than four months after the timeframe under section 73(1)(d) of the FOI

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