43Disclosure of Cabinet or Executive Council information

#### 43 Disclosure of Cabinet or Executive Council information 43 Disclosure of Cabinet or Executive Council information > > (1) Nothing in this Act or the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071) authorises the Privacy Commissioner to require any person or public sector agency to disclose Cabinet information or Executive Council information. > > > (2) The Secretary or General Counsel of the Cabinet Office may certify that information is Cabinet information. Any such certificate— > > > > > (a) is conclusive of that fact, and > > > > > (b) authorises any person or agency who would otherwise be required under this Act or the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071) to disclose the information concerned to refuse to disclose it. > > > (3) In this section— > > > > Cabinet information means information that is Cabinet information under the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052). > > > > Executive Council information means information that is Executive Council information under the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052). > > **s 43:** Am 2002 No 71, Sch 3 \[14\] \[15\]; 2009 No 54, Sch 2.34 \[5\]–\[8\]; 2015 No 58, Sch 3.73 \[3\]; 2023 No 35, Sch 4.33.