Henderson and Department of Communication and Information, Local Government and Planning

Application number:
1999 S0045
Decision date:
Wednesday, Feb 23, 2000

Henderson and Department of Communication & Information, Local Government and Planning
 (1999 S0045, 23 February 2000) 

The matter in issue comprised a legal advice from the Acting Crown Solicitor to the Department of Public Works and Housing, and correspondence from the Department of Public Works and Housing to the State Archivist setting out certain legal advice.

 

The respondent had decided that the matter in issue was exempt from disclosure to the applicant under s.43(1) of the FOI Act.  The applicant claimed that s.43(1) of the FOI Act did not apply as there had been an imputed waiver of legal professional privilege by the respondent. 

The Information Commissioner was not satisfied that the disclosure of certain information by the respondent (which indicated its position in respect of a particular legal issue, but involved no disclosure of the content of the legal advice the respondent had received) was an act or omission inconsistent with the respondent maintaining its claim for legal profession privilege, and therefore was not satisfied that disclosure of that information involved a waiver of the privilege.  The Information Commissioner found that the matter in issue was exempt under s.43(l) of the FOI Act.