Chapter 2: Decision-making



In summary, we believe that the best way of attaining better understanding and more certainty and consistency in the application of the legislation is to have better access to cases, and better and clearer guidance, making use of real case examples and statements of principle.

However it may be that, in addition to such assistance, statutory amendment may assist in the case of a few of the withholding grounds. In the next few chapters we shall examine some that seem to have caused particular problems to see if anything could be done by way of statutory amendment to clarify their meaning and application. They are the “good government” grounds, the “commercial sensitivity” grounds, the privacy ground, and the “maintenance of the law” ground.