Gunstar Pty Ltd and Department of Police

Application number:
2004 F0682
Decision date:
Thursday, Dec 22, 2005

Gunstar Pty Ltd and Queensland Police Service

(2004 F0682, 22 December 2005)

Legal professional privilege; Personal affairs

The applicant sought access to documents regarding a stolen motor vehicle.  Assistant Commissioner Moss found that: 

·       the bulk of the matter in issue comprised confidential communications between solicitor and client made for the dominant purpose of seeking or giving legal advice or professional legal assistance, and attracted legal professional privilege and was therefore exempt under s.43(1) of the FOI Act; 

·       some further matter fell outside the terms of the applicant's FOI access application; and 

·       the balance of the matter in issue qualified for exemption under s.44(1) of the FOI Act, applying the principles established in Shepherd and Department of Housing, Local Government & Planning (1994) 1 QAR 464.