Price and Treasury Department
Price and Queensland Treasury
(1997 S0101, 12 July 1999)
The matter in issue comprised part of a witness statement that had been interposed within an interdepartmental memorandum, apparently due to a photocopying error. The relevant witness statement was found to be exempt under s.43(1) of the FOI Act in Price and Nominal Defendant (1999) 5 QAR 80 (it was a statement taken by the Nominal Defendant's loss assessors for use in pending or reasonably anticipated litigation between the applicant and the Nominal Defendant).
In this case, the Information Commissioner found that the matter in issue had come into the possession of the respondent through a photocopying mishap and that it remained confidential vis-à-vis the applicant. The Information Commissioner found that it still attracted legal professional privilege and therefore was exempt under s.43(1) of the FOI Act.