Inquest into the deaths arising from the Lindt Café siege [2016] NSWLC 20

Local Court New South Wales

Medium Neutral Citation: Inquest into the deaths arising from the Lindt Café siege [2016] NSWLC 20 Hearing dates: 10 November 2016 Decision date: 14 November 2016 Jurisdiction: Coronial Before: State Coroner Barnes Decision: The claim for public interest immunity made by the Commissioner of Police is upheld. Catchwords: CORONIAL LAW – application of public interest immunity – claim of public interest immunity made by Commissioner of Police (NSW) in respect of documents

EVIDENCE - privilege – claim of public interest immunity made by Commissioner of Police (NSW) in respect of documents – public interest in effective law enforcement – public interest in the administration of justice – whether public interest immunity attaches to post-incident debrief documents Legislation Cited: Coroners Act 2009 (NSW), s 61 Cases Cited: Alister v The Queen (1984) 154 CLR 404 Attorney-General v Stuart (1994) 34 NSWLR 667 Commonwealth v Northern Land Council (1993) 176 CLR 604 Conway v Rimmer [1968] AC 910 Egan v Willis and Anor (1998) 195 CLR 424 McKinnon v Secretary, Department of Treasury (2006) 228 CLR 423 Nicopoulos v Commissioner for Corrective Services [2004] NSWSC 562 Sankey v Whitlam (1978) 142 CLR 1 Young v Quin (1985) 4 FCR 483 Texts Cited: J Abernethy et al, Waller's Coronial Law and Practice in New South Wales, (2nd ed 2010, LexisNexis) Category: Procedural and other rulings Parties: Interested parties: Family of Katrina Dawson Family of Tori Johnson Commissioner of Police (NSW) Representation: Counsel: J Gormly SC with J Downing and S Callan (counsel assisting the Coroner) M O'Connell SC (for the Dawson family) G Bashir SC with P Dwyer (for the Johnson family) M Kumar and R Bhalla (for the Commissioner of Police (NSW))