The legal professional privilege exemption in Schedule 1, clause 10(1) of the Freedom of Information Act 1989 (NSW) does not require the Tribunal to apply court-standard evidentiary procedures when assessing privilege claims. The phrase 'from production in legal proceedings' describes the characteristics of the privileged matter, not the procedural means by which those characteristics are established. FOI exemptions are to be construed without any prior inclination towards narrow or broad construction. The improper purpose exception to privilege requires prima facie evidence with a foundation in fact, not mere assertions.
The full text is available to signed-in members, including the 19 later cases that cite this judgment.
1 of the 19 citing cases carry a classified treatment. How each court treated it is available to signed-in members.