Work up the public interest test for a conditionally exempt document
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Organise the statutory factors for and against disclosure into a table against the documents and passages the lawyer has marked, extract the material the lawyer has identified as bearing on each factor with exact references, and list factors asserted with nothing on the file behind them. Write nothing into the statement of reasons, do not weigh the factors and do not state a conclusion.
- What the lawyer must review
- The decision-maker performs the balance, decides which factors are open on the evidence and writes the reasons; the lawyer checks that no class claim and no irrelevant factor has been carried into the decision.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Organise the statutory factors for and against disclosure into a table against the documents and passages the lawyer has marked, extract the material the lawyer has identified as bearing on each factor with exact references, and list factors asserted with nothing on the file behind them. Write nothing into the statement of reasons, do not weigh the factors and do not state a conclusion. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Confirm the instructions, the jurisdiction and the complete relevant material before starting.
- The decision-maker performs the balance, decides which factors are open on the evidence and writes the reasons; the lawyer checks that no class claim and no irrelevant factor has been carried into the decision.
- Check the output against the source documents named in it before it is relied on.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Public interest factors for a conditionally exempt document | Checklist | AI use Red | A worksheet of the factors in the Freedom of Information Act 1982 (Cth) sections 11A and 11B for a document the principal has already marked as conditionally exempt. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- https://www.oaic.gov.au/freedom-of-information/freedom-of-information-guidance-for-government-agencies/foi-guidelines/part-6-conditional-exemptions · 2026-09-27
- https://www.ipc.nsw.gov.au/resources/fact-sheet-your-right-access-government-information · 2026-09-27
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.