Commonwealth legislation

Disclosure Log Determination No. 2013-1 (Exempt Documents)

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

3/10 complexity

This determination lets government agencies keep certain sensitive records out of their public FOI disclosure logs even when those records have been released to a particular requester. It applies where a document is legally exempt or would have been exempt for someone else, enabling targeted or “silent” releases. That protects privacy and confidential interests but reduces public transparency by preventing broader public access through disclosure logs.

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Current sections

Direct links to the current provisions in Disclosure Log Determination No. 2013-1 (Exempt Documents).

Disclosure Log Determination No. 2013-1 (Exempt Documents)

Disclosure Log Determination No. 2013-1
(Exempt Documents)

Freedom of Information Act 1982 (Cth)

I, John McMillan, Australian Information Commissioner, make this determination under section 11C(2) of the Freedom of Information Act 1982 (the Act).

1. Information referred to in sub-paragraph (a) or (b) to which an agency or Minister has given access to an applicant under section 11A of the Act is prescribed for the purposes of section 11C(1)(c) of the Act:

(a) information in a document that was an exempt document at the time that access was given by the agency or Minister to the applicant

(b) information in a document that the agency or Minister would have decided was an exempt document at the time that access was given to the applicant, if the request for that document had been received from a person other than the applicant.

2. In this determination agency, applicant and exempt document have the same meaning as in section 4 of the Act.

This determination will have effect from Thursday 17 October 2013 and remain in force for five years from the date of commencement.

Professor John McMillan
Australian Information Commissioner

14 October 2013

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Disclosure Log Determination No. 2013-1 (Exempt Documents)