The test for granting orders nisi for prerogative writs in Western Australia requires only that the applicant demonstrate an arguable case that is not frivolous, trivial or misguided; it is not necessary to show a reasonable or real prospect of success. The use of intercepted telecommunications information for police disciplinary purposes raises questions about whether the decision to remove a police officer falls within the 'permitted purpose' definition in the Telecommunications (Interception) Act 1979 (Cth), particularly where the definition refers to 'term of appointment' but not expressly to dismissal.
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