7.4 Cabinet material not suitable for proactive release

Redaction Criteria (Code)

Considerations

Executive Government (01)

Disclosure would reveal previous Cabinet deliberations that were prior to 25 March 2024 or previous deliberations made on or after 25 March 2024 that may have been determined as exempt from proactive release.

Disclosure would reveal information about ongoing Cabinet deliberations (i.e. decisions not yet finalised).

Disclosure would reveal information that has been specifically created for provision to Executive Council e.g. Executive Council Schedule.

Constitutional conventions (02)

Disclosure would breach constitutional conventions, including but not limited to:

• Individual and collective ministerial responsibility (e.g. comments between Ministers or reference to specific Minister’s positions);
• The political neutrality of officials;
• The free and frank expression of opinions (objective, expert or evidence-based advice or analysis provided by Ministers or any public service agency should be redacted if disclosure would be contrary to collective ministerial responsibility);
• Communications with or regarding the sovereign
• The independence of the judiciary or interference with judicial processes.

Intergovernmental relations (03)

Disclosure would prejudice the state’s relations with another government, including by revealing active discussions at National Cabinet or Ministerial Councils.

Disclosure would reveal information provided in confidence by another government.

Risk of serious damage to the economy (04)

Disclosure would reveal information which has been created in the course of the State’s budgetary process.

Disclosure would risk serious damage to the economy.

Disclosure would risk information being used for improper gain or advantage.

Contempt of court or Parliament or prohibited by Act (05)

Disclosure would infringe the privileges of Parliament, the Parliament of the Commonwealth or a State, or a House of such a Parliament or the Legislative Assembly of Norfolk Island.

Disclosure of information would be contempt of court.

Disclosure would be contrary to an order made or direction given by a royal commission, commission of inquiry or another appropriate body having power to take evidence on oath.

Disclosure or publication is prohibited by another State or Commonwealth Act.

Legal professional privilege (06)

Information is subject to legal professional privilege.

Potential civil or criminal liability (07)

The information may result in potential liability, civil or criminal. Matters to be considered include, but are not limited to:

• Individual privacy - Personal information, including that which is subject to the Information Privacy Act 2009. Disclosure of personal information of natural persons, including that of the deceased natural persons. This extends to information regarding a person’s family and marital relationships, health or ill health, relationships and emotional ties with other people and domestic responsibilities or financial obligations.
• Defamation – If the information proposed for release says or does something that may potentially harm the reputation of another person, group, or organisation.

Breach of confidence (08)

Disclosure would constitute a breach of the Information Privacy Act 2009.

Disclosure would reveal information that is commercial in confidence.

Disclosure would represent a breach of confidence including information received in confidence from another organisation or relates to another organisations interests.

Disclosure of commercially sensitive information would be a breach of contract or copyright.

Disclosure would adversely affect ongoing negotiations with a third party.

Security and Law Enforcement (09)

Disclosure could:

• Damage the security of the State or Commonwealth
• Impact on the effectiveness of law enforcement efforts
• Prejudice an ongoing investigation by a government agency
• Prejudice a person’s fair trial or the impartial adjudication of a case.
• Endanger a person’s life or physical safety, including being subject to harassment or intimidation.
• Endanger the security of a building, structure or vehicle; prejudice a system or procedure for the protection of persons, property or the environment; or prejudice the wellbeing of a cultural or natural resource or the habitat of animals or plants.
• Prejudice the confidentiality of information sources.