Smith and Commonwealth Director of Public Prosecutions

[2005] AATA 842

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2005] AATA 842

ADMINISTRATIVE APPEALS TRIBUNAL              )

)         No N2004/1450

GENERAL ADMINISTRATIVE  DIVISION		)
Re		COLIN SMITH

Applicant

And COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS

Respondent

DECISION

Tribunal	Senior Member Robin Hunt
Date	10 August 2005

Date of written reasons       30 August 2005

Place  Sydney

Decision For reasons given orally, the Tribunal affirms the decision of a delegate of the Commonwealth Director of Public Prosecutions, dated 1 October 2004, to refuse access to a document on the basis that it was an exempt document, pursuant to section 42 of the Freedom of Information Act 1982.

..............................................

Ms R Hunt
  Senior Member

CATCHWORDS

FREEDOM OF INFORMATION – Exempt documents – Legal Professional Privilege – Confidential communications between solicitor and client – Applicant’s request for any record of criminal proceedings – Privilege applies to notes taken at hearing by solicitor engaged by the Office of the Director of Public Prosecutions – Decision affirmed.

LEGISLATION

Freedom of Information Act 1982 s42

WRITTEN REASONS

1. At the conclusion of the hearing of this matter, the terms of the decision made and the reasons for that decision were stated orally. The Applicant requested that the Tribunal furnish written reasons for its decision, pursuant to subsection 43(2A) of the Administrative Appeals Tribunal Act 1975.

2.      The oral reasons for decision have been transcribed by Auscript, the Commonwealth Reporting Service and have been annexed.

REASONS FOR DECISION

30 August 2005 Senior Member Robin Hunt          

3.        The Tribunal affirms the decision under review that the documents which the applicant sought access to are exempt documents under the Freedom of Information Act 1982 and therefore the decision under review is affirmed.

I certify that the 3 preceding paragraphs are a true copy of the reasons for the decision herein of Senior Member Robin Hunt

Signed:         .....................................................................................
Zoe McDonald
Associate

Date of Hearing: 10 August 2005  
Date of Decision: 10 August 2005
Solicitor for the Applicant: Self 
Counsel for the Respondent: Miss R Henderson
Solicitor for the Respondent: Jaala HInchcliffe