Under the Government Information (Public Access) Act 2009 (GIPA Act), when deciding whether or not to release information, Government agencies must consider whether there is an overriding public interest against releasing the information.

Examples of these considerations include:

  • Documents concerning law enforcement and public safety; (Section 14 Table 2 & Schedule 1 Clause 7)
  • Documents subject to legal professional privilege; (Schedule 1 Clause 5)
  • Documents subject to secrecy provisions in other legislation; (Schedule 1 Clause 1)
  • Personal affairs of another person; (Section 14 Table 3)
  • Business affairs of another person or agency. (Section 14 Table 4)

For more information on how Government agencies apply the public interest test when determining whether or not to release information, refer to the fact sheet on this topic from the Office of the Information and Privacy Commissioners website. Link the word Facts sheet to Schedule 1 to the GIPA Act.

Spent Convictions

For information regarding spent convictions please refer to the GIPAA page.