Collaery v The Queen (No 3)

In *Collaery v The Queen (No 3)*, Murrell CJ of the Supreme Court of the Australian Capital Territory considered a request to vary a statement of reasons pursuant to section 32 of the *National Security Information (Criminal and Civil Proceedings) Act 2004* (Cth). The request arose in circumstances where the information in question was the subject of a certificate issued under section 26 of the Act.

The central legal issues before the Court were whether the information contained within the statement of reasons directly or indirectly revealed protected information, and whether it tended to confirm or deny protected information. The Court was also required to consider the extent to which any such revelation or confirmation/denial would interfere with the administration of justice.

In determining these issues, Murrell CJ applied the general principles governing the assessment of information under the *National Security Information (Criminal and Civil Proceedings) Act 2004*. The Court considered the nature of the protected information and the potential impact of its disclosure or confirmation. The judgment was subsequently varied in accordance with the table provided in the reasons.