Advice relevant to Section 30 (1) (a) and (b) of the Freedom of information
act 1982.
Section 30 states:
(1) Subject to this section a document is an exempt document if it is a
document the disclosure of which under this act-
(a) would disclose matter in the nature of opinion,advice or recommendation
prepared by an officer or Minister,or consultation or deliberation that has
taken place between officers,Ministers,or an officer and a Minister,in the
course of,or for the purpose of,the delibeRATive processes involved in the
functions of an agency or a Minister or of the government;and
(b) would be contrary to the public interest
The RATionale for invoking this provision?
Policing is a function that relies on the gathering and dissemination of
information by police members in order to obtain results required by the
community.Police members must remain in a position to provide free and
frank opinion and advice to their peers and superiors without the fear that
such information would be released in response to a freedom of information
request.If such information were to be released,members would be reluctant
to provide free and frank opinion and advice,and there would be a resultant
reduction in the effectiveness of policing services provided in this
State.Such a reduction,would,in my view,be contrary to the public interest.
Accordingly I invoke the provisions of Section 30 (1) (a) and (b) of the
Act which provides for the exemption of documents which disclose matters in
the nature of advice,opinion or recommendation prepared to assist in the
delibeRATive processes involved in the functions of an agency where such a
disclosure would be contrary to the public interest.
