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Separation of Powers (Read 1076 times)
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Separation of Powers
Oct 14th, 2008 at 3:50pm
 
This is truly going to be fascinating legal stuff!

This bloke has been charged with two offences, although one common type of act.

He passed on to relevant Ministers of the Crown information which came to him as Commissioner.

The information relates to Police investigations concerning political machinations about the intended appointment of some Lawyer to the position of Tas. Solicitor General provided the lawyer acted pro bone (for nothing) for some Government person.

This case will ferret out the level, frequency and quality of information which must, I reckon, routinely pass from a Commissioner's desk to his Minister.

I am reminded of the Haneef case.  What did Keelty and others pass on to Ministers, and was their doing so just as allegedly illegal as may have happened in Tasmania?




[Edit....the bloody link has corrupted. I'll try to get another.]

Try this one:

http://www.abc.net.au/news/stories/2008/10/14/2390301.htm?site=local
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tallowood
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Re: Separation of Powers
Reply #1 - Oct 14th, 2008 at 6:59pm
 
If I understand it right the "separation of powers" occurs on constitutional level and perverting constitution is a treason?
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Re: Separation of Powers
Reply #2 - Oct 14th, 2008 at 7:10pm
 
That IS an interesting one.

It does seem to be a blurring of the lines between seperaion of powers.
I would not think it is a big one really. A bit frowned upon, to be sure.
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Re: Separation of Powers
Reply #3 - Oct 14th, 2008 at 7:48pm
 
tallowood wrote on Oct 14th, 2008 at 6:59pm:
If I understand it right the "separation of powers" occurs on constitutional level and perverting constitution is a treason?


Well, you have it....sort of right.

In Tasmania, they have an Official Secrets Act under which this Commissioner has  been charged.  I have not read the Act.

But......

In the ordinary course of policing events, information/intelligence will inevitably arrive on the Commissioner's desk.

If these charges are going to stick, it will need to be judiciously determined his obligation was to sit mum on them, and not tell his Minister.

That will be the central issue, but it is clouded a tad because the stuff he allowed his Minister access to involved investigations about political shenanigans concerning the appointment of the State's Solicitor General.

Great grist for the legal and Westminster system Mill.




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tallowood
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Re: Separation of Powers
Reply #4 - Oct 14th, 2008 at 8:00pm
 
Is it purely Tasmanian State matter or can it potentially spill over to federal judiciary?
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Re: Separation of Powers
Reply #5 - Oct 14th, 2008 at 9:18pm
 
It sure can.  This thing is a very sharp prod on the Westminster system of separation of powers.

If the Supreme Copper is spilling investigative/operational details to the Minister, does he, the Minister, just sit there, keep it to himself, go ho hum and to sleep?

I don't think so.

What say ye, Keelty?

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