The legal professional privilege exemption under cl 10(1) of sch 1 to the Freedom of Information Act 1991 (SA) requires a present assessment of whether the document would currently attract privilege, including consideration of whether privilege has been waived. The Mann v Carnell inconsistency test governs waiver in this context, and fairness considerations may extend to persons other than the FOI applicant. The Howard factors for the internal working documents exemption under cl 9(1) are useful guidance but not mandatory considerations in the public interest assessment.
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