No. 27
333
Freedom of Information
2003
(c) infringe the privileges of Parliament.
35. Notwithstanding any law to the contrary, a public authority shall
give access to an exempt document where there is reasonable evidence
that significant
Disclosure o f
exempt
document
in the public
i nterest
(a) abuse of authority or neglect i n the performance of
official duty;
(b) injustice to an individual;
(c) danger to the health or safety of an individual or of the
public; or
(d) unauthorised use of public funds;
has or is likely to have occurred or in the circumstances giving access to
the document is justified in the public interest having regard both to any
benefit and to any damage that may arise from doing so.
36. (1) The Minister may, in consultation with a public authority, by
order, declare a document to which sections 25 to 35 are not applicable, to
be an exempt document for the purposes of this Act on the grounds of
national interest.
Duty of
authorities
to act in
good faith
(2) In considering whether or not to claim exemption under this
Part, the public authority shall act in good faith and use its best endeavours
to achieve the object of this Act to afford to members of the public maximum
access to official documents consistent with national or public interest.
PART V
NUSCELLANEOUS
37. (1) Where access has been given to a document and
(a) the access was required by this Act to be given; or
(b) the access was authorised by an officer having authority,
in accordance with section 2 3, to make decisions i n
respect of requests, in the bona fide belief that the access
was required by this Act to be given,
Protection
against actions
for defamation
or breach of
confidence
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