New South Wales Consolidated Acts

FREEDOM OF INFORMATION ACT 1989 - SECT 58C

58C Confirmation of a Ministerial certificate for Cabinet and Executive Council documents

(1) A Ministerial certificate that is the subject of an order under section 58B may be confirmed by the Minister administering this Act, but only if it is a certificate to which this section applies.

(2) This section applies to a Ministerial certificate that states that the specified document is a restricted document by virtue of clause 1 (Cabinet documents) or clause 2 (Executive Council documents) of Part 1 of Schedule 1.

(3) The Minister administering this Act must cause notice of the confirmation to be given to the agency or Minister concerned.

(4) The notice must be given before the end of 28 days after an order is made by the Supreme Court in relation to the Ministerial certificate.

(5) The notice must specify:

(a) the reasons for the Minister’s decision to confirm the certificate, and

(b) the findings on any material questions of fact underlying those reasons, together with a reference to the sources of information on which those findings are based.

(6) The Minister must cause a copy of the notice to be given to the review applicant and a further copy to be tabled in each House of Parliament within 5 sitting days after the giving of the notice.

(7) Nothing in this section requires any matter to be included in a notice if it is of such a nature that its inclusion in the notice would cause the notice to be an exempt document.