Page 2795 - Week 08 - Thursday, 11 August 2016
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unfortunate, where the regulation can override the act. It is my and the Greens’ view that if an act is to be amended such amendments should come before the Assembly. That is why we are opposing this proposal.
MRS DUNNE (Ginninderra) (4.34): The Canberra Liberals will be supporting this amendment. The insertion of transitional regulations is a fairly standard procedure. I know that some people have concerns about them and when I was the chair of the scrutiny of bills committee we wrote at length and eventually published a paper on Henry VIII clauses. I know that some people have reservations because it can be an inappropriate acquisition of power but I think that the scrutiny process under the wise guidance of Mr Stephen Argument will ensure that no-one oversteps the mark.
Amendment agreed to.
MR CORBELL (Molonglo—Deputy Chief Minister, Attorney-General, Minister for Health, Minister for Police and Emergency Services and Minister for the Environment and Climate Change) (4.35): I move amendment No 49 circulated in my name [at page 2854]. This deals with legal professional privilege.
Schedule 1 sets out the categories of information held by government that are considered contrary to the public interest to release. Government amendments 49, 57, 60, 61, 70 and 72 insert new schedule 1, information considered to be contrary to the public interest to release.
This amendment, amendment 49, deals with legal professional privilege. As the Hawke report into FOI legislation at the commonwealth level noted, the purpose of exemption is to balance the objective of providing access to government information against legitimate claims for the protection of sensitive material. Exemptions provide the confidentiality necessary for the proper workings of government and the protection of the confidences and privacy of those who have dealings with government or about whom information is collected by government.
Amendment 49 inserts the new category “information subject to legal professional privilege” as information that is considered contrary to the public interest to release. Legal professional privilege protects the confidentiality of certain communications made in connection with giving or obtaining legal advice or in the provision of legal services such as representation in legal proceedings.
Legal professional privilege is an important common law right. It is a right held not only by individuals and corporations but by governments as well. The privilege encourages full and frank disclosure between a client and their lawyers and as a result serves the public interest in the administration of justice.
I should also note that the Queensland Right to Information Act recognises that information held by government may be subject to legal professional privilege and does not apply the public interest test to this information.
MR RATTENBURY (Molonglo) (4.37): The bill does not deem information over which legal professional privilege may be claimed to be contrary to the public interest,
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