Department of Home Affairs

The Robertson Report And Supporting Documents

FA 25/02/01657 Released 21 pages PDF

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Home Affairs and the Attorney-General's Department established an independent preliminary inquiry led by Alan Robertson SC following judicial criticism in *Benbrika v Attorney-General of the Commonwealth* [2024] VSC 265, where Justice Hollingworth found "serious interference with the administration of justice" due to non-disclosure of expert reports. The inquiry examines conduct of current and former APS employees in Home Affairs and AGD regarding non-disclosure of exculpatory material in post-sentence order proceedings for Abdul Nacer Benbrika under Division 105A of the Criminal Code. The non-legislative inquiry, commencing 24 June 2024 and concluding by 31 October 2024, will be conducted by Robertson with Ashurst support, access to all relevant documents including legal professional privilege material, and authority to conduct employee interviews. Reports remain confidential Commonwealth documents, with no waiver of legal professional privilege.

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