PART IV
-
EXEMPT DOCUMENTS
Division 2
-
Exemptions
History
Div 2 inserted by No 51 of 2010, s 3 and Sch 3 item 24, applicable in relation to requests for access made under section
15
of the
Freedom of Information Act 1982
that are received at or after 1 November 2010.
SECTION 42
Documents subject to legal professional privilege
42(1)
A document is an exempt document if it is of such a nature that it would be privileged from production in legal proceedings on the ground of legal professional privilege.
42(2)
A document is not an exempt document because of subsection (1) if the person entitled to claim legal professional privilege in relation to the production of the document in legal proceedings waives that claim.
History
S 42(2) substituted by No 51 of 2010, s 3 and Sch 3 item 28, applicable in relation to requests for access made under section
15
of the
Freedom of Information Act 1982
that are received at or after 1 November 2010. S 42(2) formerly read:
42(2)
A document of the kind referred to in subsection
9(1)
is not an exempt document by virtue of subsection (1) of this section by reason only of the inclusion in the document of matter that is used or to be used for the purpose of the making of decisions or recommendations referred to in subsection
9(1)
.
42(3)
A document is not an exempt document under subsection (1) by reason only that:
(a)
the document contains information that would (apart from this subsection) cause the document to be exempt under subsection (1); and
(b)
the information is operational information of an agency.
Note:
For
operational information
, see section
8A
.
History
S 42(3) inserted by No 51 of 2010, s 3 and Sch 3 item 28, applicable in relation to requests for access made under section
15
of the
Freedom of Information Act 1982
that are received at or after 1 November 2010.