Commonwealth Consolidated Acts

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FREEDOM OF INFORMATION ACT 1982 - SECT 42

Documents subject to legal professional privilege

  (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.

  (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.

  (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.


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