A Comparative Analysis of the Business, Commercial, Financial or Professional Affairs Exemption Provisions in the Freedom of Information Acts of Australia, New Zealand and America

1994 (Tas) 4 PPL

As the title suggests, this paper forms a comparative analysis of FOI in Australia, New Zealand and the USA, with specific regard to the exemption clauses pertaining to business, commercial, financial or professional affairs. Conclusions reached were that not only did the individual countries deal with this matter differently in a procedural sense, but also through the aims of the exemption clauses. The structure of the Australian legislation appeared to place a greater emphasis on the confidentiality of information, while under the New Zealand Act, disclosure of information and the right of a citizen to be informed were seen as the paramount considerations. The USA Act, while viewed as similar to the New Zealand legislation as tending towards a disclosure of information perspective, nevertheless placed emphasis on the confidentiality of trade secrets. In conclusion it is acknowledged that direct comparisons of provisions between the Acts should be viewed with caution due to the different underlying constitutional and administrative frameworks from which the Acts were drafted.