PPRuNe Forums - View Single Post - Senate Inquiry, Hearing Program 4th Nov 2011
Old 5th May 2013, 02:39
  #1751 (permalink)  
Creampuff
 
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Note: All it takes Oleo is one strongly well-worded, well-constructed FOI request for said document to be revealed!
No it doesn’t. You won’t get most of the manual under FOI, because you’re not entitled to get most of the manual under FOI.

You could subpoeana it in live proceedings, if it's relevant, but an action in contempt would be brought against someone who then disclosed the subpoenaed document to the world after it was produced to the court/tribunal for the purposes of those proceedings.
Like executing a ‘search warrant’ or taking a 'statement' must follow a proper legal process (or you could find a prosecution being chucked out before it even gets to trial), so to does a FF investigation or enforcement action have to adhere to the proper documented legal process.
Correct. But those proper legal processes exist, and must be followed, irrespective of the existence and content of any “investigations manual”. The court will test very meticulously the grounds on which any warrant is sought, as well as any evidence proposed to be adduced, irrespective of the existence and content of any “investigations manual”.

If you think the CASA investigations manual contains some legal outrage that means CASA's getting away with obtaining warrants and collecting and adducing evidence illegally, you are chasing your tails. Mildly amusing to observers, but a waste of energy nonetheless.
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