Victoria Police operational tactics documents, including training manuals and crowd control procedures, are capable of attracting public interest immunity under s 130(4)(f) of the Evidence Act 2008 (Vic) as relating to the proper functioning of government. The [name withheld] implied undertaking does not provide sufficient protection to justify disclosure of such documents in lieu of upholding immunity. In assessing the importance of documents under s 130(5)(a), relevance alone is insufficient — the documents must contain 'material evidence' with an important bearing on the ultimate decision. The standard of appellate review for public interest immunity decisions in Victoria is by way of rehearing, not subject to the House v The King discretionary principles.
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