Releasing parts of a document addressing an applicant’s interests

C and Cairns Regional Council

C sought access to a report of Cairns Regional Council to which Council refused access, on the basis that the report was subject to legal professional privilege.

On external review, the Office requested further submissions from Council to support its contention that the report in issue was subject to legal professional privilege. The Office also asked Council to consider early resolution of the review, as the applicant only sought access to parts of the report in issue. The applicant was seeking information about a commercial radio deal made by Council and not to parts of the report which related to an employment issue.

Council agreed to provide the applicant with a redacted copy of the report, which provided the applicant with information about the commercial radio deal but did not disclose any information about the employment issue.

COMMENT

Early resolution occurred by obtaining specific information about the information sought by the applicant and finding that Council had no particular objection to the release of the specific information.