57Public interest immunity

57  Public interest immunity

 (1) If:

 (a) a Commonwealth entity other than a GBE that is handling litigation (a litigating entity) receives a request or demand to provide documents or information in the conduct of the litigation; and

 (b) that request or demand could give rise to a public interest immunity claim (PII claim) for which a non‑corporate Commonwealth entity other than the litigating entity has administrative responsibility (the PII entity);

the litigating entity must refer the decision as to whether to make the PII claim to the PII entity or the PII entity’s Minister.

Note: The appropriate PII entity or Minister will vary according to the nature of the material, and more than one entity or Minister may need to be involved. The following entities are commonly involved in PII claims:

(a) the Australian Federal Police for some law enforcement matters;

(b) the Attorney‑General’s Department and the Australian Security Intelligence Organisation for national security matters;

(c) the Department of the Prime Minister and Cabinet for Cabinet matters (see also the Cabinet Handbook);

(d) the Department of Foreign Affairs and Trade for matters relating to relations with foreign countries.

 For example, in the course of litigation about a contract with a foreign government agency, a Cabinet document relating to international relations might be identified as relevant to the proceedings. In such a case, the litigating entity must refer the document in question to the Departments of the Prime Minister and Cabinet and Foreign Affairs and Trade for decision about any PII claim that might be made.

 (2) If another party in litigation is resisting a PII claim, the PII entity must take responsibility for handling that PII claim after consultation with the litigating entity.

 (3) If:

 (a) a disagreement arises between the PII entity and the litigating entity as to the handling of the PII claim; and

 (b) the entities cannot resolve the disagreement;

either the PII entity or the litigating entity must refer the matter to the Attorney‑General or OLSC.

 

Division 8—Reliance on limitation periods

58  Simplified outline—who must comply with this Division?  

59  Reliance on limitation periods

Entity must generally plead limitation period defences and oppose extensions

 (1) An entity must plead a defence based on the expiry of an applicable limitation period unless:

 (a) the Attorney-General gives approval for the entity not to do so; or

 (b) where the entity proposes to settle a claim—the entity: