Freedom of Information Act 1982

PART IV - EXEMPT DOCUMENTS  

Division 2 - Exemptions  

View history reference

 View history note

 Hide history note

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)    

View history reference

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.

 View history note

 Hide history note

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)    

View history reference

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 .

 View history note

 Hide history note

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.

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.