Free and frank opinions: A guide to section 9(2)(g)(i) of the OIA and section 7(2)(f)(i) of the LGOIMA

Opinions
Free and frank opinions
Legislation:
Local Government Official Information and Meetings Act 1987
Section 7
Official Information Act 1982
Section 9
Issue date:
Format:
PDF
Word
Language:
English

One reason for withholding official information is to maintain the effective conduct of public affairs through the free and frank expression of opinions—section 9(2)(g)(i) of the OIA and section 7(2)(f)(i) of the LGOIMA.

This section applies where release of the information at issue would inhibit the future exchange of free and frank opinions that are necessary for the effective conduct of public affairs.

This guide covers:

  • When the free and frank withholding ground applies
  • Will release inhibit free and frank opinions in future?
  • Will inhibition prejudice the effective conduct of public affairs?
  • Common situations where the free and frank withholding ground has applied
  • Mitigating the harm in release

It includes a step-by-step worksheet and case studies of actual complaints considered by the Ombudsman.

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