Corporate Development Solutions Pty Ltd and Department of Public Works; Urban Executive (Third Party)

Application number:
2005 F0077
Decision date:
Tuesday, Feb 14, 2006

Corporate Development Solutions Pty Ltd and Department of Public Works; Urban Executive (Third Party)
 (2005 F0077, 14 February 2006)

Legal professional privilege – Breach of Confidence

The applicant sought access to documents relating to CITEC, the Department, Urban Executive and the ISM Toolset Implementation Program.  During the course of the external review the matter in issue was reduced, through agreement with the parties to the review. 

Information Commissioner Taylor found that the matter remaining in issue contained in the first category of documents were communications between CITEC and the Department and their professional legal advisers made for the dominant purpose of obtaining or giving legal advice or professional legal assistance, or for the dominant purpose of use, or obtaining material for use, in anticipated legal proceedings. 

Commissioner Taylor was therefore satisfied that such matter qualified for exemption under s.43(1) of the FOI Act.  Commissioner Taylor found that an equitable obligation of confidence existed in relation to the matter remaining in issue contained in category 2 and category 3 of the documents, which were communications between solicitors for CITEC and the Department, and Urban Executive; and departmental documents regarding payment to Urban Executive for services provided to CITEC, on behalf of the Department.  Commissioner Taylor affirmed the decision under review, by finding that the matter remaining in issue qualified for exemption from disclosure under s.43(1) and/or s.46(1)(a) of the FOI Act.