8.
of the agency from its other operations[1]. Division 2 of Pt IV[2] provides for a diverse group of exemptions from the obligations imposed by the FOI Act. Relevantly included as exempt are "[d]ocuments containing material obtained in confidence"[3]. Division 3 of Pt IV[4] contains a scheme of conditional exemptions, including documents disclosing "deliberative matter"[5], where there is a public interest to be served by non-disclosure.
18 The crucial provision for the purposes of these proceedings is s 6A[6], which provides:
"(1) This Act does not apply to any request for access to a document of the Official Secretary to the Governor-General unless the document relates to matters of an administrative nature.
(2) For the purposes of this Act, a document in the possession of a person employed under section 13 of the Governor-General Act 1974 that is in his or her possession by reason of his or her employment under that section shall be taken to be in the possession of the Official Secretary to the Governor-General." (emphasis added)
19 It should be noted that the drafting technique emphasised above is used elsewhere in the FOI Act. Sections 5 and 6 deem a federal court[7] or a specified tribunal, authority or body[8] to be a "prescribed authority". However, the FOI Act does not apply to any request for access to a document of either a court or a
- ↑ FOI Act, ss 24, 24AA and 24AB.
- ↑ FOI Act, ss 33–47A.
- ↑ FOI Act, s 45.
- ↑ FOI Act, ss 47B–47J.
- ↑ FOI Act, s 47C.
- ↑ Introduced in 1984 by the Public Service Reform Act 1984 (Cth), s 154.
- ↑ See, for example, Constitution, s 71 and Federal Court of Australia Act 1976 (Cth), s 5.
- ↑ Encompassed by Constitution, Ch II.
