Freedom of Information: A Comparative Legal Survey - Federation of ...

esolution prescribe a shorter or longer period. This is a positive provision although its impact is limited
given that the Act does not apply to documents which are older than 30 years.
The specifi c exceptions set out in the Act include the following:
documents whose disclosure would threaten security, defence or international relations, or
which contain information communicated in confi dence by another government or international
organisation (section 4);
cabinet documents, defi ned broadly, which have not been published or are not of a purely
factual, scientifi c or technical nature; certain cabinet documents – such as opinions, advice or
recommendations prepared for, or a record of deliberations of, cabinet – shall be disclosed if this is
in the overall public interest (sections 15 and 19);
documents relating to law enforcement the disclosure of which could endanger life or safety,
prejudice an investigation or a fair trial, disclose a confi dential source of information, prejudice the
effectiveness of methods for preventing, detecting or investigating breaches of the law, facilitate
escape from detention, or jeopardize the security of a correctional facility (section 16);
documents which are legally privileged, or the disclosure of which would be a breach of confi dence,
a contempt of court or infringe the privileges of Parliament (section 17);
offi cial documents – for example relating to taxes, interest rates or monetary policy – whose
disclosure could reasonably be expected to have a ‘substantial adverse effect’ on the economy or
the government’s ability to manage it (section 18);
trade secrets or information the disclosure of which could reasonably be expected to harm a
commercial interest (section 20);
documents whose disclosure could reasonably be expected to harm the conservation of a cultural,
historical or environmental resource (section 21); and
where granting access to a document would involve the unreasonable disclosure of private
information (section 22).
For the most part, these exceptions are in line with good international practice, although they could in some
cases be further narrowed either by more careful language or through the use of exceptions to exceptions.
It is, however, signifi cant that there is no general exception to protect internal deliberative processes (apart
from protection for Cabinet documents). Such exceptions, although they are found in most RTI laws, are
often subject to serious abuse.
Appeals
The Act provides for both internal reviews and appeals to an independent information Appeal Tribunal. The
former applies where a public body has delayed or refused to grant access to all or part of a document, or
charged a fee which the applicant deems unreasonable. The request for an internal review must be lodged
within 30 days of the original decision and shall be decided within another 30 days. The internal review
shall be undertaken by the responsible minister where an exception referred to in sections 14 (defence and
international relations), 15 (cabinet documents), 16 (law enforcement) or 18 (the economy) applies, and by
the principal offi cer of the public body in other cases. An internal review may take any decision which might
have been taken on an original application (see sections 30-31).
An appeal lies to the Appeal Tribunal against a decision of an internal review (or for a failure to deliver
such a decision within the time allocated), or against an original decision where an internal review is not
available, within 60 days of the decision. In such an appeal, the onus is on the public body to show it was
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