Application of Schedule 3, section 7 RTI Act

Information will be exempt from release under this section if it is subject to legal professional privilege (LPP). Broadly, for information to be subject to LPP it must be a confidential communication that:

• was and remains confidential; and
• was made in the course of a lawyer-client relationship

which was:

• between the client and the lawyer for the dominant purpose of seeking or providing legal advice, or from a third party at the client’s request for the dominant purpose of assisting the lawyer to provide legal advice (advice privilege); or
• from the lawyer or the client (or a third party at the request of the lawyer or the client) for the dominant purpose of use in existing or reasonably anticipated legal proceedings (litigation privilege).

For information on applying this exempt information provision, refer to Legal professional privilege.