Turner v Director of Public Prosecutions [2012] NSWADT 198

Turner v Director of Public Prosecutions [2012] NSWADT 198

The information sought concerned the prosecution of the Applicant and was connected with the prosecution case, including professional and administrative tasks connected with its outcome and any review or appeal. It therefore related to the prosecuting functions of the Director of Public Prosecutions, was excluded information under the Government Information (Public Access) Act 2009, and the access applications were invalid. Because the applications were invalid, the Respondent's determinations were the correct and preferable decisions and the Tribunal could not order disclosure or deal with legal privilege or sufficiency of search.

Jurisdiction
Australia
Judgment Date
24 September 2012
Procedural Posture
External Review of Determinations Under the Government Information (public Access) Act 2009 / On the Papers; Review of the Respondent's 14 April 2011 and 21 November 2011 Decisions
Outcome
The decisions under review are affirmed.
Legal Topics
['validity of Access Application' 'excluded Information' 'prosecuting Functions' 'overriding Public Interest Against Disclosure' 'legal Professional Privilege' 'sufficiency of Search']
['administrative Law' 'government Information Access' 'criminal Prosecution'] ['validity of Access Application' 'excluded Information' 'prosecuting Functions' 'overriding Public Interest Against Disclosure' 'legal Professional Privilege' 'sufficiency of Search']

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Procedural Posture

External Review of Determinations Under the Government Information (public Access) Act 2009 / On the Papers; Review of the Respondent's 14 April 2011 and 21 November 2011 Decisions

Legal Issues

  1. 1 ['Whether the Applicant made a valid access application under the Government Information (Public Access) Act 2009.' "Whether the information sought related to the Respondent's prosecuting functions and was excluded information." 'Whether the Tribunal could consider legal professional privilege or sufficiency of search if the applications were invalid.']

Ratio Decidendi

The information sought concerned the prosecution of the Applicant and was connected with the prosecution case, including professional and administrative tasks connected with its outcome and any review or appeal. It therefore related to the prosecuting functions of the Director of Public Prosecutions, was excluded information under the Government Information (Public Access) Act 2009, and the access applications were invalid. Because the applications were invalid, the Respondent's determinations were the correct and preferable decisions and the Tribunal could not order disclosure or deal with legal privilege or sufficiency of search.

Court Disposition

The decisions under review are affirmed.

Orders

  • ['The decisions under review are affirmed']