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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2012-05-02 Daily Xml
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FREEDOM OF INFORMATION

In reply to the Hon. S.G. WADE (18 May 2011) (First Session).

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for Tourism, Minister for the Status of Women): The Minister for the Public Sector has been advised:

1. Where the Freedom of Information (FOI) applicant is a natural person their identity is deemed to be personal information and State Government agencies are advised not to release the names of applicants unless the applicant has expressly consented even though the Privacy Principles allows for implied consent.

Where a Member of Parliament has made a FOI application it is the view of the Crown Solicitor that the Privacy Principles were not intended to protect the affairs of a natural person 'while acting as a holder of a public office'.

2. Consultation allows third parties an opportunity to have their say and provide information for the Accredited FOI Officer to consider when making their determination. The fact that the agency advised third parties that the documents could be disseminated further does not speculate on the political intentions of the Member for Bragg nor does it have any impact on the determination made by the Accredited FOI Officer.

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