Miller v Director of Public Prosecutions [2012] NSWADT 38

Miller v Director of Public Prosecutions [2012] NSWADT 38

The remaining documents related to the ODPP's prosecuting functions because they reviewed or analysed the history and conduct of the prosecution, addressed the dropping of charges, post-prosecution liaison, and possible future prosecution strategies, or recorded a meeting at which the charges were discussed. They...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 March 2012
Procedural Posture
Review of a Decision Concerning an Access Application Under the Government Information (public Access) Act 2009 / Interlocutory Decision on the Papers as to Whether the Applicant Had Made a Valid Access Application
Outcome
The Tribunal found that the applicant had made an invalid application having sought access to excluded information.
Legal Topics
['excluded Information' 'odpp Prosecuting Functions' 'validity of Access Application' 'statutory Interpretation']
['administrative Law' 'government Information Access'] ['excluded Information' 'odpp Prosecuting Functions' 'validity of Access Application' 'statutory Interpretation']

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Procedural Posture

Review of a Decision Concerning an Access Application Under the Government Information (public Access) Act 2009 / Interlocutory Decision on the Papers as to Whether the Applicant Had Made a Valid Access Application

Legal Issues

  1. 1 ["Whether the applicant's access application was invalid under s 43 of the Government Information (Public Access) Act 2009 because it sought access to excluded information of the Office of the Director of Public Prosecutions." "Whether documents generated in connection with complaints, review of a prosecution, post-prosecution activities and possible future prosecutions related to the ODPP's prosecuting functions."]

Ratio Decidendi

The remaining documents related to the ODPP's prosecuting functions because they reviewed or analysed the history and conduct of the prosecution, addressed the dropping of charges, post-prosecution liaison, and possible future prosecution strategies, or recorded a meeting at which the charges were discussed. They were therefore excluded information within s 43 and Schedule 2 of the Government Information (Public Access) Act 2009, making the access application invalid.

Court Disposition

The Tribunal found that the applicant had made an invalid application having sought access to excluded information.

Orders

  • ['The applicant had made an invalid application having sought access to "excluded information".']