The Administrative Decisions Tribunal has no power under s 63(2) of the ADT Act to grant access to a document exempt by virtue of legal professional privilege, because the power to waive privilege arises under the general law and not under any enactment. Separately, where a statute creates an institution such as a university, the statute is not the sole source of legal principle governing its operations; waiver of legal professional privilege by such an institution is not limited to formal resolutions of its governing body but may be effected by officers acting within the general law framework of agency and authority.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
4 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.