PPRuNe Forums - View Single Post - Senate Inquiry, Hearing Program 4th Nov 2011
Old 5th May 2013, 04:52
  #1752 (permalink)  
Sarcs
 
Join Date: Apr 2007
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“Legal outrage” nope just the facts!

Creamy:
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.
Not after any potentially exempt documents as per s37, s42, s45, s46 or indeed any of the 'public interest' conditional exempt documents set out under s47C or s47E, although I might leave it open to challenge some of those on the basis of applying s22 (redactions). In fact I couldn’t give a rat’s arse nor am I personally interested in any of the secret squirrel stuff contained in the IM or the contents of communications, personal IDs etc. I just want proof that proper process was followed nothing more, nothing less.

Creamy:
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.
Nope not interested in showing it to anyone else either.

Creamy:
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”.
That maybe the legal theory but is it the legal reality? And will the AAT apply those same principles? And would FF be obliged to show proof of process in the carriage of their investigation in the AAT?

Creamy:
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.
Nope not interested in legal outrage being exposed through the contents of the IM. Simply want the proof of proper process that the FF investigators are suppose to adhere to and are obliged to adhere to according to the AGIS and as stated in the EM.


Last edited by Sarcs; 5th May 2013 at 04:55.
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