LMKY and Indigenous Business Australia (Freedom of Information)

The Administrative Appeals Tribunal (AAT) considered a freedom of information dispute between LMKY (the applicant) and Indigenous Business Australia (IBA) (the respondent). The core of the dispute concerned IBA's decision to withhold certain legal invoices and file notes from disclosure to LMKY under the *Freedom of Information Act 1982* (Cth), asserting legal professional privilege.

The Tribunal was required to determine whether IBA's decision to refuse access to the specified documents, on the grounds of legal professional privilege, was appropriate in the circumstances. This involved an assessment of whether the documents indeed attracted privilege and, if so, whether that privilege had been waived.

In reaching its decision, the Tribunal found that privilege had not been waived. The Tribunal varied the decisions under review, ordering that the documents annexed to its decision be released to the applicant in the form attached. The decisions in relation to FOI Request 18/248 and FOI Request L18/127 were otherwise affirmed.