A decision to uphold or reject a claim of public interest immunity is a question of substantive law, not an exercise of discretion, and is therefore reviewable on its merits rather than subject to House v The King principles. There is no recognised 'public order' category of public interest immunity broadly covering documents that may endanger public peace, order and safety. Claims for public interest immunity over prison security documents must be articulated with rigour and precision, supported by evidence demonstrating the currency and sensitivity of the information; mere assertion that disclosure will harm the public interest is insufficient.
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