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Exclusions under the Government Information (Public Access) Act 2009 (GIPAA)

Summary

Under the GIPA there are two types of information that would be restricted at the Cancer Institute NSW -

  1. Cabinet information
  2. Information that may be excluded 'where there is a public interest against disclosure'.

To determine this excluded information agencies such as the Cancer institute NSW need to apply the Public Interest Test (Schedule 1 of the GIPAA), which broadly covers -

  • Responsible Government
  • Individual Rights
  • Business Interests

In the Act these exclusions refer to:

  • Information subject to an overriding secrecy law (26 specifically named Acts)
  • Public interest against disclosure (where it may undermine neutrality, compromise commercial-in-confidence
  • 'Excluded information' (judicial and prosecutorial information, information about complaints)

Excluded Information of the Cancer institute NSW Includes:

  • Board - minutes, agendas, meetings
  • Commercial-in-confidence (e.g. received quotes, strategic direction, some prevention documents)
  • Complaints (Internal process, internally made, externally made)
  • Grant applications, Grant committees meetings and Ethics committees and meetings (individuals involved in decision-making, internal decision-making for individual applications)
  • Cancer Research Advisory Committee (CRAC)
  • Ethics Committee
  • Grants Review Committee
  • Personal information (patient details, etc. protected under the Health Records and Information Privacy Act 2002)
  • Personnel - Employee identifiable details (Personal Information Protection Act 1998)
  • Third party procured reports unless developed with CINSW (e.g. Registry) data
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