Exemptions

The right to access documents held by government is subject to certain limitations that ensure that sensitive information is properly protected. If you request a document from the department or the minister under the Freedom of Information Act 1982 (FOI Act), you may not be given access to all or part of the document if it falls within one of the categories of exemptions under the FOI Act.

Release of documents under the FOI Act

The decision maker decides to release documents subject to appropriate exemptions under the FOI Act, namely:

SectionExemption
7 Exemption of certain persons and bodies
21 Deferment of access
22 Access to edited copies with exempt or irrelevant matter deleted
24 Power to refuse - diversion of resources
24A Documents cannot be found, do not exist or have not been received
33 Documents affecting national security, defence or international relations
34 Cabinet documents
37 Documents affecting enforcement of the law and protection of public safety
38 Documents to which secrecy provisions of enactment apply
42 Documents subject to legal professional privilege
45 Documents containing material obtained in confidence
46 Documents disclosure of which would be contempt of Parliament or contempt of court
47 Documents disclosing trade secrets or commercially valuable information
47A Electoral rolls and related documents
47B Public interest conditional exemptions - Commonwealth-state relations
47C Public interest conditional exemptions - deliberative process
47D Public interest conditional exemptions - financial property of the Commonwealth or Norfolk Island
47E Public interest conditional exemptions - certain operations of agencies
47F Public interest conditional exemptions - personal privacy
47G Public interest conditional exemptions - business
47H Public interest conditional exemptions - research
47J Public interest conditional exemptions - the economy