If information is considered exempt information, a public authority or minister can refuse to disclose it. Exemptions may apply to information:
- of the Executive Council
- of Cabinet
- that is an internal briefing of a minister
- that is information not relating to official business
- that is information affecting national or state security, defence or international relations
- relating to the enforcement of the law
- concerning legal professional privilege
- relating to closed meetings of council.
A public authority or minister may decide to disclose information even if an exemption may apply.
Some exemptions also require the decision-maker to consider whether it would be contrary to the public interest to release the information before they decide to exempt it from release.
If they cannot satisfy themselves that disclosure of the information would be contrary to the public interest, they must release the information.
Exemptions that require the public interest to be considered are:
- information communicated by other jurisdictions
- internal deliberative information
- personal information of a person
- information relating to the business affairs of a third party
- information relating to the business affairs of a public authority
- information obtained in confidence
- information on procedures and criteria used in certain negotiations by a public authority
- information likely to affect Tasmania's economy
- information likely to affect the cultural, heritage and natural resources of Tasmania.
When determining whether an exemption should apply under the Right to Information Act, the decision-maker must carefully consider the requirements within the relevant section and be satisfied all of those details are met. The information can only be exempt from release if those requirements are met. The decision-maker is required to explain to you why they have decided that.
