Office of the Leader of the Opposition and Department of Justice and Attorney-General

Application number:
2004 F0654
Decision date:
Friday, Apr 27, 2007

Office of the Leader of the Opposition and Department of Justice and Attorney-General
 (2004 F0654, 27 April 2007) 

Section 40(c) Substantial adverse affect on management
 Section 43(1) Legal Professional privilege - test
 Section 44(1) Personal affairs
 Section 46(1)(a) Equitable obligation of confidence 

The applicant sought access to documents held by the Department of Justice and Attorney General (DJAG). 

Assistant Commissioner Henry found: 

·       disclosure of the documents in issue could not reasonably be expected to have a substantial adverse effect on DJAG’s management or assessment of its personnel and accordingly, did not qualify for exemption under section 40(c) of the Freedom of Information Act 1992 (Qld) (FOI Act)

·       confidential communications between DJAG and Crown Law prepared for the purpose of seeking of providing legal advice or for use in relation to litigation (various external review proceedings) qualified for exemption under section 43(1) of the FOI Act

·       parts of internal memorandums produced by and for the use of DJAG staff which referred to and summarised legal advice received from Crown Law qualified for exemption under section 43(1) of the FOI Act

·       matter concerning the emotional state and concerns of individuals qualified for exemption under section 44(1) of the FOI Act

·       part of a document relating to an assurance of confidentiality qualified for exemption under section 46(1)(a) of the FOI Act