WorkCover Authority (NSW) v Law Society of New South Wales

The WorkCover Authority of New South Wales (WorkCover) appealed to the Court of Appeal of New South Wales against a decision of the Appeal Panel of the Administrative Decisions Tribunal (NSW) concerning the disclosure of documents under the *Freedom of Information Act 1989* (NSW). The Law Society of New South Wales sought access to certain documents, and the Appeal Panel had ordered their disclosure, overturning an earlier decision by WorkCover to refuse access.

The central legal issues before the Court of Appeal were whether the Appeal Panel erred in law by finding that legal professional privilege did not apply to certain advice given by WorkCover's solicitors, and whether the Appeal Panel correctly determined that internal working documents and confidential material exemptions were not applicable. The Court also considered whether secrecy provisions under relevant legislation prevented disclosure and whether the public interest favoured disclosure of draft reports.

The Court of Appeal affirmed the Appeal Panel's reasoning that legal professional privilege requires advice to be given in a relevant legal context, and the presence of extraneous matter in the advice, particularly concerning policy considerations rather than purely legal advice, meant that privilege did not attach. The Court also found that the Appeal Panel correctly applied the principles regarding internal working documents, noting that the public interest balancing exercise favoured disclosure in this instance. Furthermore, the Court agreed that the confidentiality exemption was not applicable as there was no express or implied obligation of confidentiality, and the secrecy provisions did not preclude disclosure where the documents fell within qualifications or exceptions to those provisions.

Consequently, the appeals by WorkCover were dismissed, and WorkCover was ordered to pay the costs of the Law Society.