Disclosure Log Determination No. 2013-1
(Exempt Documents)

Freedom of Information Act 1982 (Cth)

I, John McMillan, Australian Information Commissioner, make this determination under section 11C(2) of the Freedom of Information Act 1982 (the Act).

1. Information referred to in sub-paragraph (a) or (b) to which an agency or Minister has given access to an applicant under section 11A of the Act is prescribed for the purposes of section 11C(1)(c) of the Act:

(a)  information in a document that was an exempt document at the time that access was given by the agency or Minister to the applicant

(b)  information in a document that the agency or Minister would have decided was an exempt document at the time that access was given to the applicant, if the request for that document had been received from a person other than the applicant.

2. In this determination agency, applicant and exempt document have the same meaning as in section 4 of the Act.

3. This determination will have effect from Thursday 17 October 2013 and remain in force for five years from the date of commencement.

Professor John McMillan
Australian Information Commissioner

14 October 2013