Dell and Department of Public Works and Housing

Dell and Department of Public Works and Housing
(1998 S0006, 20 May 1998) 

The matter in issue comprised internal memoranda which the agency claimed to be exempt under s.43(1) of the FOI Act.  Applying the principles stated in Potter and Brisbane City Council (1994) 2 QAR 37, the Information Commissioner was satisfied that the authors of the memoranda, although employees of the agency, were providing independent legal advice. 

The Information Commissioner was satisfied that the documents in issue were created for the sole purpose of seeking or providing legal advice, and would therefore be privileged from production in a legal proceeding on the ground of legal professional privilege.