FREEDOM OF INFORMATION
[CAP. 496.
21
this Act would disclose matter in the nature of, or relating to,
opinions, advice or recommendations obtained, prepared or
recorded, or consultation or deliberation that has taken place, in the
course of, or for the purposes of, the deliberative processes
involved in the functions of the Government or another public
authority.
(2) Subarticle (1) shall not apply to a document by reason only
of purely factual information contained in the document.
(3)
Subarticle (1) shall not apply to:
(a) reports (including reports concerning the results of
studies, surveys or tests) of scientific or technical
experts, whether employed by a public authority or
not, including reports expressing the opinions of such
experts on scientific or technical matters; or
(b) the record of, or a final statement of the reasons for, a
final decision given in the exercise of a power or of an
adjudicative function.
(4) In subarticle (3) the term "scientific or technical expert"
s h a l l b e c o n s t r u e d a s e x c l u d in g s e n i o r m a n a g e r s i n p u b l i c
authorities.
37. Subject to article 35, a document is an exempt document if
its disclosure under this Act would have a substantial adverse effect
on the financial or property interests of the Government or of
another public authority.
Documents
affecting financial
or property
interests of public
authorities.
38. Subject to article 35, a document is an exempt document if
its disclosure under this Act would, or could reasonably be
expected to:
Documents
concerning certain
operations of
public authorities.
(a) prejudice the effectiveness of procedures or methods
for the conduct of tests, examinations or audits by a
public authority;
(b) prejudice the attainment of the objects of particular
tests, examinations or audits conducted or to be
conducted by a public authority;
(c) have a substantial adverse effect on the proper and
efficient conduct of the operations of a public
authority; or
(d) have a substantial adverse effect on the conduct of
negotiations (including commercial and industrial
negotiations) by or on behalf of the Government or
another public authority.
PART VII
FURTHER PROVISIONS
39. (1) Where a decision notice has been served, the applicant
or the public authority may appeal to the Tribunal against the
notice within twenty working days.
(2)
A public authority on which an information notice or an
Appeals against
notices served by
the Commissioner.
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