Section 27A - Interpretation
Extract of legislation
| 27A | Interpretation | ||
| A provision of this Part by virtue of which documents referred to in it are exempt documents— | |||
| (a) | is not to be construed as limited in its scope or operation in any way by any other provision of this Part by virtue of which documents are exempt documents; and | ||
| (b) | is not to be construed as not applying to a particular document by reason that another provision of this Part of a kind mentioned in paragraph (a) also applies to that document. | ||
1.1
The different exemptions in sections 28 to 38 operate independently of each other.3 This means:
- the operation of one exemption is not affected by or limited by another exemption that may also apply to a document;
- a document may be exempt in part or in full under more than one exemption.
1.2
An agency or Minister has the discretion to apply an exemption to a document. This means an agency or Minister can choose to provide access to a document or information where they can properly do so or are required by law to do so even where they consider the document or information is exempt under the Act.4
For more information, see section 16 – Access to documents apart from Act.
1.3
Section 27A and the exemptions in section 28 to 38 must be read consistently with the object of the Act in section 3, which is to extend as far as possible the right of the community to access government held information.
- Freedom of Information Act 1982 (Vic), section 27A.
- Freedom of Information Act 1982 (Vic), section 16.
- Freedom of Information Act 1982 (Vic), section 27A.
- Freedom of Information Act 1982 (Vic), section 16.
