QLDIn ForceAct
Right to Information Act 2009
sch.4-sec.8Affecting confidential communications
Start here
Get a plain-English read of sch.4-sec.8
Turn the raw legal text into a practical explanation grounded in Right to Information Act 2009.
### sch.4-sec.8 Affecting confidential communications
Disclosure of the information could reasonably be expected to cause a public interest harm if—
the information consists of information of a confidential nature that was communicated in confidence; and
disclosure of the information could reasonably be expected to prejudice the future supply of information of this type.
However, subsection (1) does not apply in relation to deliberative process information unless it consists of information communicated by an entity other than—
a person in the capacity of—
a Minister; or
a member of the staff of, or a consultant to, a Minister; or
an officer of an agency; or
the State or an agency.
In this section—
deliberative process information means information disclosing—
an opinion, advice or recommendation that has been obtained, prepared or recorded; or
a consultation or deliberation that has taken place;
in the course of, or for the purposes of, the deliberative processes involved in the functions of government.
(sch.4-sec.8-ssec.1) Disclosure of the information could reasonably be expected to cause a public interest harm if— the information consists of information of a confidential nature that was communicated in confidence; and disclosure of the information could reasonably be expected to prejudice the future supply of information of this type.
(sch.4-sec.8-ssec.2) However, subsection (1) does not apply in relation to deliberative process information unless it consists of information communicated by an entity other than— a person in the capacity of— a Minister; or a member of the staff of, or a consultant to, a Minister; or an officer of an agency; or the State or an agency.
(sch.4-sec.8-ssec.3) In this section— deliberative process information means information disclosing— an opinion, advice or recommendation that has been obtained, prepared or recorded; or a consultation or deliberation that has taken place; in the course of, or for the purposes of, the deliberative processes involved in the functions of government.
- (a) the information consists of information of a confidential nature that was communicated in confidence; and
- (b) disclosure of the information could reasonably be expected to prejudice the future supply of information of this type.
- (a) a person in the capacity of— (i) a Minister; or (ii) a member of the staff of, or a consultant to, a Minister; or (iii) an officer of an agency; or
- (i) a Minister; or
- (ii) a member of the staff of, or a consultant to, a Minister; or
- (iii) an officer of an agency; or
- (b) the State or an agency.
- (i) a Minister; or
- (ii) a member of the staff of, or a consultant to, a Minister; or
- (iii) an officer of an agency; or
- (a) an opinion, advice or recommendation that has been obtained, prepared or recorded; or
- (b) a consultation or deliberation that has taken place;