Under both s 45 of the Freedom of Information Act 1982 (Cth) (FOI Act) and c 46 of the Freedom of Information Bill of Queensland (FOI Bill), access to a document may be denied if the disclosure of such document may result in an action for breach of confidence by a person or body other than the government and its agencies. Breach of confidence, as we will see, is the ground for exemption. While ’breach of confidence’ is a concept which derives from common law or equity, it may not, although maybe it should (as the author will argue), have the same meanings under s 45 and c 46 as in general law. This article is intended to examine certain issues arising from the operation of s 45 and forthcoming operation of c 46.
Mo, J S.
"'Breach of Confidence' in Section 45 of the Freedom of Information Act 1982 (CTH) and Clause 46 of the Freedom of Information Bill of Queensland,"
Bond Law Review:
2, Article 3.
Available at: http://epublications.bond.edu.au/blr/vol4/iss2/3