Section 34 — Freedom of Information Act 1982: Cabinet documents

General rules (1) A document is an exempt document if: (a) both of the following are satisfied: (i) it has been submitted to the Cabinet for its consideration, or is or was proposed by a Minister to be so submitted; (ii) it was brought into existence for the dominant purpose of submission for consideration by the Cabinet; or (b) it is an official record of the Cabinet; or (c) it was brought into existence for the dominant purpose of briefing a Minister on a document to which paragraph (a) applies; or (d) it is a draft of a document to which paragraph (a), (b) or (c) applies. (2) A document is an exempt document to the extent that it is a copy or part of, or contains an extract from, a document to which subsection (1) applies. (3) A document is an exempt document to the extent that it contains information the disclosure of which would reveal a Cabinet deliberation or decision, unless the existence of the deliberation or decision has been officially disclosed. Exceptions (4) A document is not an exempt document only because it is attached to a document to which subsection (1), (2) or (3) applies. Note: However, the attachment itself may be an exempt document. (5) A document by which a decision of the Cabinet is officially published is not an exempt document. (6) Information in a document to which subsection (1), (2) or (3) applies is not exempt matter because of this section if the information consists of purely factual material, unless: (a) the disclosure of the information would reveal a Cabinet deliberation or decision; and (b) the existence of the deliberation or decision has not been officially disclosed.