The Crown's decision to grant or withhold an indemnity to a Minister of the Crown in respect of liability for damages and costs is a political decision not susceptible to judicial review, as there are no objective criteria by which a court can judge its validity. The Crown Proceedings Act 1992 (SA) does not displace this prerogative power. A defamation plaintiff whose opponent is indemnified by the Crown lacks standing to challenge the indemnity for damages and costs, as the plaintiff's interest is no greater than that of any member of the public concerned about expenditure of public money. However, a challenge to an indemnity for legal costs may be distinguishable on standing grounds.
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