17Public interest test

17 Public interest test (1) An agency or Minister, in deciding whether disclosure of information would, on balance, be contrary to the public interest, must take the following steps: (a) identify any factor favouring disclosure that applies in relation to the information (a relevant factor favouring disclosure), including any factor mentioned in schedule 2, section 2.1; (b) identify any factor favouring nondisclosure that applies in relation to the information (a relevant factor favouring nondisclosure), including any factor mentioned in schedule 2, section 2.2;

(c) balance any relevant factor or factors favouring disclosure against any relevant factor or factors favouring nondisclosure; (d) decide whether, on balance, disclosure of the information would be contrary to the public interest; (e) unless, on balance, disclosure would be contrary to the public interest, allow access to the information subject to this Act. (2) The following factors must not be taken into account when deciding whether disclosure of information would, on balance, be contrary to the public interest: (a) access to the information could result in embarrassment to the government, or cause a loss of confidence in the government; (b) access to the information could result in a person misinterpreting or misunderstanding the information; (c) the author of the information was (or is) of high seniority in an agency; (d) access to the information could result in confusion or unnecessary debate; (e) access to the information could inhibit frankness in the provision of advice from the public service; (f) the applicant’s identity, circumstances, or reason for seeking access to the information. (3) Despite subsection (2) (f), the applicant’s identity, circumstances, and reason for seeking access to the information may be taken into account if— (a) the information requested is personal information; and (b) the personal information is not about the applicant.