When will something be ’unreasonable’ to publish under section 11C and under the Information Publication Scheme?

11 April 2019
Tags: disclosure log exemption conditional exemption Information Publication Scheme

It would generally be unreasonable to publish information if access has been given to the individual or business concerned, or where the individual or business had consented to the release of the information to a particular applicant. It would generally not be unreasonable to publish the names of Commonwealth officials in connection with their duties.

Is the test that something is ‘unreasonable’ to publish in a disclosure log different from the test of unreasonableness in relation to an exemption or conditional exemption?

Yes, a decision to publish information under ss 8(2)(g) or 11C is separate from a decision about whether to give an applicant access to documents. For example, it may be reasonable to grant a person access to documents containing personal information about them, but it would generally be unreasonable to publish that information on a disclosure log.

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