General Manager, WorkCover Authority of NSW v Law Society of NSW [2006] NSWCA 84

Reported Decision : (2006) 65 NSWLR 502

New South Wales Court of Appeal

CITATION: General Manager, WorkCover Authority of NSW v Law Society of NSW [2006] NSWCA 84 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 29 July 2005 1 September 2005

JUDGMENT DATE: 24 April 2006

JUDGMENT OF: Handley JA at 1; Hodgson JA at 2; McColl JA at 10

DECISION: Appeals dismissed with costs.

CATCHWORDS: Freedom of information - exempt documents - Legal professional privilege - advice given in governmental context - advice including extraneous matter - must be given in relevant legal context to attract privilege - importance of retainer - Internal working documents - whether disclosure in the public interest - balancing exercise - disclosure of draft reports - operation of s59A of the Freedom of Information Act 1989 - Confidential material exemption - whether error of law when Appeal Panel found no express or implied obligation of confidentiality - Secrecy provisions exemption - whether available where disclosure of documents falls within qualification, exception or excuse in relevant secrecy provision.

Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989 Supreme Court Act 1970 Workplace Injury Management and Workers Compensation Act 1998 Legal Profession Regulation 1994 LEGISLATION CITED: Workers Compensation (General) Regulation 1995 Workers Compensation (General) Amendment (Costs) Regulation 2001 Workers Compensation (General) Amendment (Costs in Compensation Matters) Regulation 2003 Freedom of Information Act 1982 (Cth) Freedom of Information Act 1982 (Vic) Freedom of Information Act 1966 (US)