The EPA Board has approved the publication of Board minutes
on the EPA website, four months after the relevant minutes have
been confirmed by the Board.
The Board's intention is to release as much information to the
public as possible, consistent with the principles of the Freedom
of Information Act 1991. Transparency in the release of Board
information will improve understanding and knowledge of the Board's
operations, and is also considered a fundamental principle of
good governance.
Public release of Board minutes is subject to confidentiality
requirements and internal due process. Some items, therefore,
will not be considered appropriate for public release. The Board
has developed a checklist to determine whether information is
suitable for public release. The following will apply to relevant
sections of the Board's Meeting Minutes.
i) Confidentiality provisions contained in section 121 of the
Environment Protection Act 1993
Information relating to trade processes or financial information
obtained by the EPA in the administration or enforcement of
the Act must not be divulged.
ii) Matters which are, or may become, sub judice
Matters that are sub judice are those issues that are
before a court and have not yet been judicially decided. Any
information contained in the Board minutes that relates to court
proceedings is protected information.
iii) Information privacy principles
Information privacy principles relate to personal information
about the affairs of natural (as opposed to legal) persons.
iv) Public interest immunity
If it was released, this type of information would impair the
EPA's ability to carry out its functions.
Information that is provided to the EPA in confidence should
not be released.
v) Contractual or equitable duty of confidence
When parties have entered into a contract which contains a
requirement that certain information is confidential, the information
must not be released.
vi) Legal professional privilege
Legal advice, and requests for legal advice, or information
compiled for use in legal proceedings should not be released.
vii) Parliamentary privilege, including advice provided to the
Minister or Government by the Board.
Information that is prepared for use by Ministers or in Parliament,
and references to those documents in Board meeting minutes,
should not be released.
viii) Policy and Position matters
Matters relating to draft positions on decisions being determined
by the EPA Board, should not be released.
