"As with legal advice, the mere fact that information consists of advice to government is not a ground for refusing to disclose it. Again, some harm to the public interest must be established, such as prejudice to legal proceedings, disclosure of cabinet deliberations or prejudice to the Commonwealth’s position in negotiations. Any general claim that advice should not be disclosed is defeated by the frequency with which governments disclose advice when they choose to do so."(Senate Estimates Finance and Public Administration 28 May page 70)
The same principle of the need to demonstrate specified harm to the public interest is reflected in freedom of information exemptions regarding documents that contain advice. Experience tells this issue can't be left to lawyers and as with the parliament, clearer parameters need to be established and enforced
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