Hamdan v Callanan; Younan v Callanan

[2013] QCA 104

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Discovery and inspection of documents
3. › Grounds for resisting production
4. › Public interest immunity
5. › Documents relating to ongoing criminal investigation
6. › Whether primary judge erred in balancing competing public interests
7. › Whether redaction could sufficiently address public interest concerns
8. › Crime and Misconduct Act 2001 (Qld), s 82
1. Evidence
2. › Privilege
3. › Public interest immunity
4. › Investigation documents
5. › Balancing exercise
6. › Whether suspect status weighs in favour of disclosure
7. › Whether disclosure would hinder ongoing investigation

Quick Take

Public interest immunity over documents relating to ongoing CMC criminal investigations will generally be upheld where disclosure risks hindering the investigation, enabling suspects to tailor evidence, compromising inter-agency intelligence sharing, or identifying informers. The fact that applicants are suspects in the offence being investigated does not weigh in favour of disclosure; the contrary approach is more consistent with the authorities. The possibility of redaction will not overcome the immunity where the documents are so closely tied to protected information that redaction would render them meaningless.