Public Interest Immunity

Question 1

What is public interest immunity?

Answer 1

Public Interest Immunity’ is a principal of law that enables courts to reconcile the conflict which sometimes arises between two public interests:

Interest for the courts to have the fullest possible access to all relevant material

The need to maintain confidentiality of information that could be damaging to the public interest if disclosed

Question 2

Certified records not available for inspection

Answer 2

Clause 14 – Law Enforcement (Powers & Responsibilities) Regulations 2016

A document, or part of a document, contains matter that:

i. Could disclose a persons identity, and
ii. That, if disclosed, is likely to jeopardise their or any other persons safety

A document, or part of a document, contains matter that, if disclosed, may seriously compromise the investigation of any matter

Question 3

Public Interest Immunity applies to matters which:

Answer 3

Deal with national security
Contain sensitive Police intelligence
Disclose the identity of a source
Disclose the identity or location or a witness
Disclose the identity of an undercover operative
Contains information which might facilitate the commission of other offences or allow offenders to avoid apprehension
Might create risk of domestic strife
Disclose the location of a covert Police premise or surveillance site
Disclose Police methodology
Would compromise any ongoing investigation and/or the safety of officers
Would disclose the sexual history of a witness
Confidential information obtained from another intelligence agency
Material relating to a participant in a controlled operation