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Abstract

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.

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