Cole Inquiry: AWB risk management advice is not legally privileged
Commissioner Cole has rejected AWB's claim it has the right to refuse access to a document which was apparently drafted by US risk communications consultant Peter Sandman.
The Commissioner said , on pages 2-3 of the transcript for 5 April:
"the document was prepared for the dominant purpose of considering whether a strategy of apology would be adopted by AWB. It was not prepared for the dominant purpose of obtaining legal advice...
The formal orders I propose to make are:
(a) The claim for legal professional privilege in respect of exhibit 665 is rejected; and
(b) The non-publication order made pursuant to section 6D in respect of exhibit 665 is revoked.
I will defer making these orders until 10am on Thursday, 6 April 2006. In the event of AWB wishing to challenge the first order in the Federal Court, I will continue the second order pending the determination of the Federal Court."
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