Leeds and Queensland Nursing Council

Leeds and Queensland Nursing Council
(2006/F0182, 26 July 2006)

Section 43(1) – Legal professional privilege

The applicant sought access to the contents of her file held by the Queensland Nursing Council (QNC).  The matter in issue comprised three folios which the QNC claimed were subject to legal professional privilege and therefore exempt under section 43(1) of the Freedom of Information Act 1992 (FOI Act). 

Applying the principles established in Esso Australia Resources v Commission of Taxation (1999) 74 ALJR 339, Assistant Commissioner White affirmed the QNC’s decision that the documents were exempt under section 43(1) of the FOI Act.