Janzen & Janzen

In parenting proceedings before Judge Betts, the applicant father and respondent mother were involved in a dispute concerning their children. The Independent Children's Lawyer (ICL) had become aware of allegations of violent behaviour by the father in his workplace as a serving NSW Police officer. Consequently, the ICL issued a subpoena to the NSW Commissioner of Police seeking records related to complaints, investigations, and findings concerning the father's alleged use of excessive force, violence, coercion, or control. The Commissioner objected to the production of these documents.

The primary legal issues before the Court were whether a statutory privilege under the *Police Act* (NSW) against the admissibility of documents also constituted a privilege against their production for inspection, and whether the subpoena was issued for a legitimate forensic purpose or constituted an abuse of process or a fishing expedition. The Court was required to balance the need for relevant evidence in parenting proceedings against potential claims of privilege and the proper use of subpoena powers.

Judge Betts dismissed the Commissioner's objections to the subpoena. The Court reasoned that the statutory privilege did not extend to preventing production for inspection, and that the subpoena was issued for a legitimate forensic purpose, not as a fishing expedition. The Court found that the documents sought were relevant to the allegations of family violence and the father's suitability as a parent.

The Court ordered that, save for any public interest immunity claim, the Commissioner's objection to the subpoena be dismissed. The proceedings were adjourned for further argument on any public interest immunity claim and other relevant issues, with directions set for a future date.