Caloundra City News and Caloundra City Council
(2006 F0072, 8 February 2007)
Smith and Caloundra City Council
(2006 F0114, 8 February 2007)
Farrand-Collins and Caloundra City Council
(2006 F0224, 8 February 2007)
Wildman and Caloundra City Council
(2006 F0235, 8 February 2007)
Gilmour-Walsh and Caloundra City Council
(2006 F0241, 8 February 2007)
Section 43(1) Legal Professional Privilege
The applicants sought access to parts of the “Maleny Community Precinct Probity Audit Report” (and related documents). The report was prepared for the respondent by KPMG, and examined various aspects of the respondent’s handling of a proposal to develop a community precinct to the east of Maleny, including a residential development and golf course.
During the course of the review, the applicants were given access to the bulk of the matter in issue. Assistant Commissioner Moss found that the matter remaining in issue comprised repetitions or summaries of the substance of professional legal advice provided to the respondent by its legal advisers, and therefore attracted legal professional privilege. AC Moss went on to consider the application of the principles relating to waiver, and the 'improper purpose' exception to legal professional privilege, but was satisfied that privilege in the relevant advice had not been waived, and that there was no prima facie evidence that the relevant communications were made in preparation for, or furtherance of, some illegal or improper purpose. AC Moss decided to vary the decision under review by finding that the matter remaining in issue qualified for exemption under section 43(1) of the FOI Act.