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Information—9 of 2018
(i) information which would impede the process of investigation, apprehension
or prosecution of an alleged offender;
(j) Cabinet documents, including records of deliberations of meetings or
decisions of Cabinet;
(k) information which relates to personal information, the disclosure of which
has no relationship to or does not affect any public activity or interest,
or which would cause the unwarranted invasion of privacy of the person,
unless the Commission is satisfied that the disclosure of such information
is in the public interest;
(l) information which is classified by Cabinet as an official or State secret and
certified in writing by the Secretary to Cabinet;
(m) information, the disclosure of which would endanger or harm any protected
site or the environment;
(n) a trade secret, business know-how, commercially sensitive information and
proprietary information relating to the intellectual property of a business;
and
(o) any other information, the disclosure of which, the Commission deems is
not in the public interest.
Exempt public agencies
21.—(1) The Minister may, following consultation with the Commission, exempt a
public agency from the provisions of this Act by notice in the Gazette and the exemption
will take effect on the date prescribed in the notice.
(2) The Minister may, following consultation with the Commission, revoke an
exemption made under subsection (1) by notice in the Gazette and the revocation will
take effect on the date prescribed in the notice.
Division 4—Failure to provide access
Complaint to the Commission
22.—(1) If a public agency fails or refuses to provide any person with the information
which the public agency has been directed by the Commission to make available to that
person, that person may lodge a complaint with the Commission.
(2) The Commission, upon receipt of a complaint under subsection (1), may require
the public agency to provide a written explanation for the failure or the refusal to provide
the information.
(3) A public agency that is required by the Commission under subsection (2) to provide
a written explanation must provide the written explanation to the Commission within 10
days from the receipt of the requirement from the Commission to provide the written
explanation.
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