The National Archives' considers that:

1. information about personal affairs covers a broad range of matters and may extend to affairs relating to family and marital relationships, health or ill health, relationships with and emotional ties with other real people (This position is supported by the court’s consideration in News Corporation Ltd v National Companies and Securities Commission (1984) 51 ALR 277 at 293); and
2. personal affairs are the composite collection of activities personal to the individual concerned (Commissioner of Police v District Court of New South Wales and Another (1993) 31 NSWLR 606 at 625). 

The following is a non-exhaustive list of some of the information and material that National Archives considers relate to personal affairs:

• Adoption records;
• Applications for employment, expressions of interest, recruitment panel assessments, reports or recommendations;
• Assessments of competency or intellectual capacity;
• Attempted suicide or details about successful suicide;
• Character assessments;
• Culturally sensitive information.
• Detailed or long-term medical histories;
• Documents relating to identity;
• Domestic matters;
• Financial information;
• Illegitimacy;
• Information given in confidence;
• Information provided or gathered by Australian Government agencies relating to allegations of a personal nature;
• Information gathered for intelligence purposes or profiling of an individual;
• Information that would identify victims of atrocities, crimes, injustice or persecution;
• Medical conditions (including mental health);
• Personnel records of people employed by the Australian Government;
• Physical characteristics and/or hereditary illnesses that may not be visible and to which a stigma may attach;
• Refugees and nationals from another country seeking asylum;
• Sexual relationships, preference and incidents;
• Welfare case files, including those created by defence organisations; and
• Wills that are unlikely to be in the public domain.

Information or material relating to personal affairs is exempted only where its release 'would involve the unreasonable disclosure of information relating to the personal affairs of any person (including a deceased person)'.

The question of whether disclosure would be unreasonable must be determined having regard to all the relevant circumstances, bearing in mind the public interest in the protection of personal privacy. Depending upon their relevance in a particular case, in addition to other factors which may be relevant, the following six factors should be considered by Decision Makers when deciding whether or not disclosure would be unreasonable.

1. What is the nature and perceived sensitivity of the information to be disclosed?

In assessing the nature and sensitivity of information, and therefore the reasonableness of disclosure, it may assist to consider the following:

• community attitudes;
• the context in which the information appears;
• the circumstances in which the information was obtained;
• the likelihood of the information being information that the person concerned would not wish to have disclosed without consent; and
• the level of detail.

2. What is the age and current relevance of the information?

The older the record, the less likelihood there is that it would be unreasonable to disclose any information it contains concerning the personal affairs of a person.

Note, age does not always diminish Indigenous cultural sensitivities or the personal affairs of an individual as it might with non-Indigenous people; for example, people with cultural ceremonial and ritual obligations or abilities – the identity and/or abilities of individuals should not be disclosed.

3. What is the age of the subject of the information?

The following parameters are to be used when making a determination on unreasonable disclosure:

• At 97 years of age it may be assumed that a person is deceased and subject to the matters noted below in relation to disclosure of information about deceased persons, the potential for unreasonable disclosure is low;
• Where a person is over 75 years of age it may be assumed that the person is not in the workforce; and
• Where a person is under 75 years of age it may be assumed that the person is employable.

Consideration also needs to be made if the subject of the information is a juvenile. Material to consider for exemption includes court cases (spent convictions), welfare cases, adoptive parents.

The following may be used by National Archives to determine the age of a person and whether they are likely to be in the workforce or to have died:

1. date or approximate date of birth known – count the number of years from that date;
2. date or approximate date of birth unknown, but the person was an adult at time of incident – assume the person is still working up to 50 years, and still alive up to 80 years, from the date of document or incident; and
3. date of birth unknown, but the person was a child at the time of incident - assume the person is still working up to 60 years, and still alive up to 90 years from the date of document or incident.

4. To what extent is the information already in the public domain?

Information may be considered to be in the public domain if:

1. it has been published at some time;
2. its publication was not to a limited audience or in a specialist publication; and
3. such information remains easily accessible today to any interested member of the public.

In this context, 'publication' is interpreted widely to include any release in the public domain whether in radio, television, print media or online.

5. Does the information have a credible source?

It would generally be unreasonable to release comments made about a person that would be considered by a reasonable person to be offensive or likely to cause distress and do not appear to come from a credible source. This will be particularly so for unsubstantiated allegations.

6. Are there cultural factors that should be considered?

In a small number of cases, the cultural background of the persons identified in the record may indicate that Aboriginal and Torres Strait Islander sensitivities, ethnic sensitivities, religious codes, cultural practices or norms may be relevant to the decision.

Aboriginal and Torres Strait Islander sensitivities can relate to:

1. people affected by former government removal policies: for example, sensitivities should be considered where relevant records relate to removal and institutional care as these policies were racially based; and
2. personal involvement in secret/sacred cultural matters, sites and objects: depending on the context, this information (which does not often appear in records) would be exempt.

Additional considerations

Information of a deceased person

In some cases, it may be appropriate to exempt from release, information about a deceased person on the basis that disclosure would be unreasonable because of the effect on descendants;

1. date or approximate date of birth of subject known – assume descendants still alive up to 100 years from that date;
2. date or approximate date of birth of subject unknown – assume descendants still alive up to 100 years from date of documents or date of incident; and
3. if it is known or can be assumed that the subject was a child, (under 18 years) young adult (under 30 years), middle-aged (in their 40s) or older at the time of the incident, this information should be used to approximate their date of birth for the purpose of the above calculations.

It may be considered unreasonable to disclose the following information or material on personnel records of Australian Government employees where it is calculated or known that the subject of the information is under 75 years of age:

• Medical records or references to medical conditions (including mental health);
• Character assessments;
• Claims for compensation;
• Confidential reports, including inquiries or reviews undertaken in private and not available in the public domain;
• Disciplinary documentation;
• Information received in confidence;
• Information or material relating to security clearances; confidential or classified information provided to an employee;
• Nominal rolls of sick and wounded not publicly available;
• Officer profiles;
• Performance assessments;
• Personal or private correspondence on personnel records;
• Records of interview and/or conversation; and
• Referee reports.

Business affairs are the affairs that relate to a person's business. The Macquarie Dictionary provides the following definitions for business:

1. one's occupation, profession, or trade;
2. the sale of goods and services for the purpose of making a profit;
3. a person, partnership, or corporation engaged in business; an established or going enterprise or concern;
4. to earn a living from a commercial activity; and
5. to be carrying out an activity, enterprise, etc., successfully.

Professional affairs are the affairs that relate to a person's profession. The Macquarie Dictionary provides the following definitions for profession:

(a) a vocation requiring knowledge of some department of learning or science, especially one of the three vocations of theology, law, and medicine; and

(b) any vocation, occupation, etc.

A person can be considered a professional whether they work in the private, not-for-profit or government sector.

Information or material relating to business or professional affairs is exempted only where the disclosure of the information or matter would or could be expected to unreasonably affect the person adversely in respect of its lawful business or professional affairs.

The question of whether disclosure would or could reasonably be expected to have an unreasonable adverse effect on the person must be determined having regard to all the relevant circumstances, bearing in mind any relevant public interest factors. Depending upon their relevance in a particular case, in addition to other factors which may be relevant, the following four factors should be considered by Decision Makers when deciding whether or not disclosure would be unreasonable.

1. What is the nature and perceived sensitivity of the information to be disclosed?

In assessing the nature and sensitivity of information, and therefore the reasonableness of disclosure, it may assist to consider the following:

• community attitudes;
• the context in which the information appears;
• the circumstances in which the information was obtained;
• the likelihood of the information being information that the person concerned would not wish to have disclosed without consent; and
• the level of detail.

2. What is the age of the subject of the information?

The following parameters are to be used when making a determination on unreasonable disclosure:

• At 97 years of age it may be assumed that a person is deceased and subject to the matters noted below in relation to disclosure of information about deceased persons, the potential for unreasonable disclosure is low;
• Where a person is over 75 years of age it may be assumed that the person is not in the workforce; and
• Where a person is under 75 years of age it may be assumed that the person is employable.

3. To what extent is the information already in the public domain?

Information may be considered to be in the public domain if:

In this context, 'publication' is interpreted widely to include any release in the public domain whether in radio, television, print media or online.

Consideration should also be made regarding the extent to which information about the operation of a particular body or entity is publicly known, as this may relevantly inform the question of whether disclosure would unreasonably affect that body or entity.

1. it has been published at some time;
2. its publication was not to a limited audience or in a specialist publication; and/or
3. such information remains easily accessible today to any interested member of the public.

4. Whether the information has any current relevance.

1. Does the information have current relevance to the person in respect of their business or professional affairs?

Consideration should also be made as to whether a particular body or entity remains an ongoing concern as at the point in time the records are being accessed examined, as this may relevantly inform the question of whether information comprises business information.

Information or material relating to business or professional affairs is exempted only where it concerns a person in respect of their business or professional affairs being information or matter the disclosure of which would, or could reasonably be expected to, unreasonably affect that person adversely in respect of their lawful business or professional affairs.

The phrase "would or could reasonably be expected" means that there must be at least a real, significant or material possibility based on reasonable grounds. A mere "suspicion" or "remote chance" will not be sufficient (Chemical Trustee Ltd v Federal Commissioner of Taxation [2013] AATA 623). 

Information or material relating to business or professional affairs is exempted only where the disclosure of the information or matter would or could be expected to unreasonably affect the person adversely in respect of its lawful business or professional affairs.

It is necessary to consider whether the effect on the person would be adverse. It is also necessary to consider whether the adverse effect would be on their current business or professional affairs.

Exempt records

(1) For the purposes of this Act, a Commonwealth record is an exempt record if it contains information or matter of any of the following kinds:

(g) information or matter the disclosure of which under this Act would involve the unreasonable disclosure of information relating to the personal affairs of any person (including a deceased person);

Exempt records

(1) For the purposes of this Act, a Commonwealth record is an exempt record if it contains information or matter of any of the following kinds:

(j) information or matter (other than information or matter referred to in paragraph (h)) concerning a person in respect of his or her business or professional affairs or concerning the business, commercial or financial affairs of an organization or undertaking, being information or matter the disclosure of which would, or could reasonably be expected to, unreasonably affect that person adversely in respect of his or her lawful business or professional affairs or that organization or undertaking in respect of its lawful business, commercial or financial affairs.