OnMarket BookBuilds Pty Ltd and The Treasury (Freedom of information)

OnMarket BookBuilds Pty Ltd sought access to documents held by The Treasury concerning Australian Business Growth Fund Pty Ltd. The Treasury refused access, asserting that the documents were exempt under various provisions of the *Freedom of Information Act 1982* (Cth). This matter came before the Administrative Appeals Tribunal for review of the Treasury's decisions.

The Tribunal was required to determine whether the documents were exempt from disclosure under section 45 of the FOI Act, which concerns actions for breach of confidence. It also had to consider whether the documents were exempt under section 47(1)(b) of the FOI Act, relating to information with a commercial value that could reasonably be expected to be destroyed or diminished by disclosure. Finally, the Tribunal had to assess whether the documents were exempt under section 42 of the FOI Act, on the grounds of legal professional privilege.

In its reasoning, the Tribunal examined the nature of the documents and the circumstances surrounding their creation and intended use. It applied established principles for interpreting the exemption provisions of the FOI Act, including the tests for establishing a breach of confidence and the criteria for determining whether commercial value would be diminished by disclosure. The Tribunal also considered the scope and application of legal professional privilege in the context of FOI requests.

The Tribunal affirmed the decisions of The Treasury to refuse access to the documents, finding that they were exempt from disclosure under the relevant provisions of the FOI Act.