---
title: "Public interest factors for a conditionally exempt document"
url: "https://ailawframework.com/precedents/administrative-and-public-law/foi-public-interest-factors"
type: "precedent"
site: "AI Law Framework"
id: "a31-foi-public-interest-factors"
area_id: "A31"
kind: "checklist"
ai_level: "red"
version: 1
task_ids: ["A31-X20260927-3"]
law_stated_as_at: "2026-10-22"
---

# Public interest factors for a conditionally exempt document

> 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.

Canonical page: https://ailawframework.com/precedents/administrative-and-public-law/foi-public-interest-factors  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Administrative & Public Law](https://ailawframework.com/precedents/administrative-and-public-law.md)
- Jurisdictions: Commonwealth
- AI level: Red. You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 2 authorities it cites, for Commonwealth.

## When to use it

Use when an agency or Minister is working out whether access to a conditionally exempt document would, on balance, be contrary to the public interest. It does not decide that question.

## Used for these tasks

- [Work up the public interest test for a conditionally exempt document](https://ailawframework.com/practice/administrative-and-public-law/work-up-the-public-interest-test-for-a-conditionally-exempt-document.md)

## How AI may be used

AI may place a fact from the document or the file next to a factor in section 11B, and must not weigh the factors or decide whether access is given.

**AI may:**

- List the factors in section 11B(3) and the irrelevant factors in section 11B(4)
- Place a passage the principal has marked next to the factor the principal names

**AI must not:**

- Must not decide that access would, on balance, be contrary to the public interest
- Must not decide that the document is conditionally exempt or exempt
- Must not take an irrelevant factor into account, or paraphrase the objects in sections 3 and 3A
- Must not quote Information Commissioner guidelines that the principal has not supplied

**The lawyer checks:**

- The document has been marked conditionally exempt by the principal, under a provision the principal has opened
- Section 11A(6) is considered where the document may also be an exempt document
- Any guidelines issued for section 11B(5) are identified and read
- The balance, and the notice of decision, are written by the principal

## Authorities

- [Freedom of Information Act 1982 (Cth) s 11A](https://classic.austlii.edu.au/au/legis/cth/consol_act/foia1982222/s11a.html)
- [Freedom of Information Act 1982 (Cth) s 11B](https://classic.austlii.edu.au/au/legis/cth/consol_act/foia1982222/s11b.html)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/administrative-and-public-law/foi-public-interest-factors and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*