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Legislative Assembly for the ACT: 1996 Week 4 Hansard (18 April) . . Page.. 1128 ..

ATTORNEY-GENERAL OF THE AUSTRALIAN CAPITAL TERRITORY

LEGISLATIVE ASSEMBLY QUESTION

QUESTION NUMBER 178

Freedom of Information

Mr Wood - Asked the Attorney-General. What are the circumstances, if any, when information held in Government departments on electronic form is not available under Freedom Of Information.

Mr Humphries - The answer to the Member's question to the Attorney-General is as follows:

Basically, the position in respect of such requests is the same as that for any other request under the Freedom of Information Act 1989. Under that Act a person has a legally enforceable right to obtain access to a document of an agency in accordance with that Act other than an exempt document. An article on which information is stored in electronic form would be a document for the purposes of the FOI Act and, under the FOI Act, the circumstance in which the information would not be made available would be that the agency concerned has claimed an exemption available under the Act.

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