Commissioner of Police v Attorney General for New South Wales

The Commissioner of Police sought to appeal a decision of the Supreme Court of New South Wales concerning the proper construction of section 114(3)(d) of the *Law Enforcement Conduct Commission Act 2016* (NSW). The dispute centred on whether the Commissioner could object to the production of documents relating to a critical incident investigation to the Law Enforcement Conduct Commission (LECC) on the grounds of public interest immunity. The appeal was heard by Ward P, Gleeson and Adamson JJA.

The primary legal issue before the Court of Appeal was whether the statutory scheme of the *Law Enforcement Conduct Commission Act 2016* abrogated the common law doctrine of public interest immunity by necessary intendment, thereby compelling the Commissioner to produce documents to the LECC despite claims of public interest immunity.

The Court of Appeal held that the Act did not abrogate public interest immunity by necessary intendment. Their Honours reasoned that while the Act conferred broad powers on the LECC to obtain information, it did not expressly or by necessary implication remove the established common law right to claim public interest immunity. The Court found that the legislative intent was to facilitate the LECC's investigations, but not at the expense of overriding fundamental legal principles like public interest immunity without clear statutory direction.

The summons was dismissed with no order as to costs.