Parker v Commonwealth Director of Public Prosecutions B69/2002

The applicant, Parker, sought judicial review of a decision by the Commonwealth Director of Public Prosecutions (CDPP) to refuse to grant him an indemnity certificate. The dispute concerned the CDPP's refusal to indemnify Parker against costs incurred in defending himself against charges of conspiracy to defraud and conspiracy to pervert the course of justice, which were ultimately dismissed. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the CDPP had acted unlawfully or unreasonably in refusing to grant Parker an indemnity certificate. Specifically, the court was required to consider the scope of the CDPP's discretion under section 19 of the *Crimes Act 1914* (Cth) in determining whether to issue such a certificate, and whether the CDPP had failed to take into account relevant considerations or had taken into account irrelevant considerations in reaching its decision.

The High Court held that the CDPP's decision was not amenable to judicial review. Gleeson CJ and Callinan J found that the power to grant an indemnity certificate under section 19 of the *Crimes Act 1914* (Cth) was a discretionary power that was not subject to review by the courts. Their Honours reasoned that the purpose of section 19 was to provide a mechanism for the executive government to compensate individuals who had been involved in criminal proceedings in circumstances where it was considered just and equitable to do so, and that this was a matter for the executive to decide, not the judiciary. The court concluded that the CDPP had not acted unlawfully or unreasonably in exercising its discretion.