McMahon and Crime and Misconduct Commission

McMahon and Crime and Misconduct Commission
(2001 S0100, 11 October 2002) 

The applicant sought access to documents relating to the referral to the respondent of complaints which the applicant had made to the Office of the Public Service.  After reviewing and analysing the evidentiary material submitted by the applicant and the respondent, the Deputy Information Commissioner was satisfied that there were no reasonable grounds for believing that the respondent held any additional documents which were responsive to the terms of the applicant's FOI access application, and, in particular, that there were no reasonable grounds for believing that the respondent held codeworded files that related to the applicant. 

As regards the application of s.50(c)(i) of the FOI Act, the Deputy Information Commissioner found that correspondence between the Parliamentary Criminal Justice Committee and the respondent comprised "proceedings in the Assembly" as defined by s.9 of the Parliament of Queensland Act 2001, and was exempt matter under s.50(c)(i) of the FOI Act.  As regards the application of s.43(1) of the FOI Act, the Deputy Information Commissioner decided that the document in question (a copy of a legal advice provided by Crown Law to the Office of the Public Service and subsequently provided to the respondent to assist in its investigation of a referral of suspected official misconduct) was exempt matter under s.43(1).  The Deputy Information Commissioner held that the document satisfied the basic test to attract legal professional privilege, and that privilege in the document had not been waived, and nor had the legal advice in question been provided in furtherance of any illegal or improper purpose.