31Exemptions for Cabinet documents and other privileged material

31 Exemptions for Cabinet documents and other privileged material

31 Exemptions for Cabinet documents and other privileged material

(1) Nothing in Part 3 or this Part—

(a) requires or authorises any person to give any statement of information or answer any question that relates to confidential proceedings of Cabinet, or to disclose Cabinet information, or

(b) requires any person to give any statement of information, answer any question or disclose any document if the person can claim privilege not to do so.

(2) For the purposes of this section, a certificate of the Secretary or General Counsel of the Cabinet Office that—

(a) any information or question relates to confidential proceedings of Cabinet, or

(b) the information is Cabinet information,

is conclusive of that fact.

(3) In this section—

Cabinet includes a committee of Cabinet or a subcommittee of such a committee.

Cabinet information means information that is Cabinet information under the Government Information (Public Access) Act 2009.

disclosure of a document includes the provision of copies of the document, the granting of access to the document or the disclosure of the contents of the document.

document includes a part of a document.

privilege means privilege based on a claim by a person that evidence or other information about a matter or document—

(a) might tend to incriminate the person or make the person liable to any forfeiture or penalty, or

(b) could not be required to be adduced in proceedings before a New South Wales court by reason of the operation of section 10 (Parliamentary privilege preserved) or Part 3.10 (Privileges) of Chapter 3 of the Evidence Act 1995.

s 31: Am 2023 No 35, Sch 4.2.