Morgan and Brisbane City Council

Application number:
1998 L0025
Decision date:
Wednesday, Feb 17, 1999

Morgan and Brisbane City Council
(1998 L0025, 17 February 1999) 

The Information Commissioner found that three records of communications between a Council employee and the Council's in‑house legal advisers satisfied the legal tests to attract legal professional privilege, and hence exemption 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 privilege could not subsist because the documents were created in preparation for, or in furtherance of, an illegal or improper purpose.