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Tuesday, March 07, 2006
FOI ADT decision on legal professional privilege
The ADT (Ferns v Commissioner of Corrective Services (2006) NSWADT 66) has upheld the agency determination to refuse access to documents under the legal professional privilege exemption (Clause 10 Schedule 1). The Tribunal accepted that the disputed documents were prepared for the dominant purpose of use in legal proceedings or were confidential communications between the agency and its internal legal adviser.