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Information Act 2002
55Confidentiality obligations, confidential sources
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55 Confidentiality obligations, confidential sources
information (otherwise under this Act or another Act) would be a
breach of confidence for which a legal remedy could be obtained.
(2) Information mentioned in subsection (1) is not exempt under
section 50 unless its disclosure would enable a legal remedy to be
obtained for a breach of confidence owed to a person other than:
(a) a person in their capacity as:
(i) a minister; or
(ii) a member of the staff of a minister; or
(iii) a member of a public sector organisation; or
(b) the Territory or a public sector organisation.
(3) Information may be exempt under section 50 if:
(a) the information was communicated in confidence to a public
Information Act 2002 43
(b) either:
(i) the information would be exempt under this Part if it had
been brought into existence by a public sector
(ii) disclosure of the information would be reasonably likely
to impair the ability of a public sector organisation to
obtain similar information in the future and it is in the
public interest that such similar information continues to
be so obtained.
(4) Information mentioned in subsection (3) does not include
information that:
(a) was obtained by a public sector organisation from a business,
commercial or financial undertaking; and
(b) is a trade secret or other information of a business,
commercial or financial nature.
(5) Information mentioned in subsection (3) is not exempt under
was communicated to the public sector organisation.
(6) The Commissioner may, on application and if of the opinion that it is
in the public interest to do so, extend the period mentioned in
subsection (5) in its application to particular information on one or
more occasions and on each such occasion for a limited, specified
period or for an unlimited period.