Record under section 6(5) of the GIPA Act

Introduction

Under section 6(5) of the Government Information (Public Access) Act 2009 (GIPA Act), the Department of Communities and Justice (DCJ) is required to maintain a record of open access information that it does not make publicly available on the basis of an overriding public interest against disclosure.

There is an ‘overriding public interest against disclosure’ of government information if, and only if, there are public interest considerations against disclosure and those considerations outweigh any public interest considerations in favour of disclosure. This is known as the public interest test, which is set out by section 13 of the GIPA Act. The public interest test is applied in accordance with Part 2 Division 2 of the GIPA Act.

DCJ’s record under section 6(5) of the GIPA Act is accessible by clicking on the below tiles. Each tile navigates to tables categorised by the relevant division of DCJ stated on the respective tile. The tables include a general description of the open access information that has not been made publicly and the reason(s) for non-disclosure.

DCJ must facilitate public access to open access information by deleting information from a publicly available copy of a record if including the information would result in an overriding public interest against disclosure of the record. Some of the records referred to in the tables are publicly available in redacted form for this reason. These records may be accessed by following the relevant link provided in the relevant table.