Kelson and Brisbane City Council

Kelson and Brisbane City Council
(2005 F0267, 8 August 2005)

Sufficiency of search

The applicant sought access to documents relating to her property. The applicant raised a 'sufficiency of search' issue regarding the existence of documents relating to construction of a retaining wall on her property, including contour maps and drainage reports. Assistant Commissioner Moss was satisfied that: 

documents relating to construction of the retaining wall fell outside the terms of the FOI access application; 

the respondent was entitled to refuse the applicant access to contour maps pursuant to s.22(b) of the FOI Act; and, 

applying the principles stated in Shepherd and Department of Housing, Local Government & Planning (1994) 1 QAR 464, the searches and inquiries conducted by the respondent in an effort to locate additional responsive drainage reports had been reasonable in all the circumstances of the case, and that there were no reasonable grounds for believing that additional responsive documents existed in the possession or under the control of the respondent.

Legal professional privilege – application of s.43(1)

AC Moss was also satisfied that two documents, comprising a solicitor's working notes for a draft letter, and a solicitor's file note of a meeting recording legal advice given by the solicitor, attracted legal professional privilege and were therefore exempt under s.43(1) of the FOI Act.