McMahon and Department of Natural Resources

McMahon and Department of Natural Resources
(1997 S0130, 24 February 1999)

The Information Commissioner found that two documents (comprising handwritten notes of instructions received, and legal advice given, by a salaried lawyer employed by the Department) were exempt matter under s.43(1) of the FOI Act.

Applying the principles set out in Murphy and Queensland Treasury (1998) 4 QAR 446, the Information Commissioner rejected a claim that legal professional privilege could not subsist because the documents were created in preparation for, or in furtherance of, an illegal or improper purpose.