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House of Assembly - Fifty-Fourth Parliament, First Session (54-1)
2019-04-30 Daily Xml
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Ministerial Statement

Mr TEAGUE (Heysen) (14:57): My question is to the Attorney-General. Can the Attorney explain why she tabled the document she tabled earlier today?

The Hon. V.A. CHAPMAN (Bragg—Deputy Premier, Attorney-General) (14:57): I thank the member for Heysen for this question. Earlier, I tabled a report which has been the subject of a freedom of information application. The matter of Attorney-General SA v the Seven Network (Operations) Limited arises out of legal questions referred by the South Australian Civil and Administrative Tribunal to the Full Court of the Supreme Court in a review by SACAT of a Freedom of Information Act 1991 decision of the Ombudsman.

The Ombudsman's decision was that the Seven Network should have access to a copy of legal advice prepared for the former government in 2006 by the Chief Justice when he was the solicitor-general for South Australia. The advice concerned a third petition for mercy made on behalf of Mr Henry Keogh. Judgement was delivered on Friday 12 April 2019.

The Full Court answered all of the questions in a manner which has the indirect result of upholding the determination of the Ombudsman that the advice should be provided to Channel 7 on the basis that legal professional privilege in that advice was waived by reason of public disclosures concerning the content of the advice made by then acting attorney-general Foley.

Following this judgement, the chief executive of my department, to whom I have delegated the power to make decisions about this matter, has determined to release the legal advice to Channel 7 through its representatives. As the indirect effect of the Full Court's decision is that legal professional privilege is no longer attached to that advice, I tabled the report in anticipation of other parties making applications under the FOI Act for access to it.

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