Price and Crime and Misconduct Commission

Price and Crime and Misconduct Commission
(2000 S0125, 21 November 2002) 

The Assistant Commissioner decided that the respondent was justified, in light of the applicant's failure to pay an application fee, in treating the scope of the applicant's FOI access application as being confined to documents which concerned the applicant's personal affairs. 

The documents in issue included legal advice obtained by Gatton Shire Council from its solicitors, which the Council had forwarded to the respondent to assist in an investigation.  The Assistant Commissioner was satisfied that the legal advice attracted legal professional privilege, and that it was given to the respondent in confidence, in circumstances that did not involve any waiver of privilege.  The Assistant Commissioner also found that the legal advice was not given in furtherance of any illegal or improper purpose.  It therefore was exempt matter under s.43(1) of the FOI Act.