The State of South Australia v Patrick

Lower Court Judgment

18/06/2026 Supreme Court of South Australia (Court of Appeal) (The Honourable President Livesey, the Honourable Justice S Doyle and the Honourable Justice B Doyle)

[2026] SASCA 65 

Catchwords

Administrative law – freedom of information – exempt documents – statutory construction – whether briefing notes prepared for the Chief Executive of the Department for Environment and Water for attendance as a witness before the Budget and Finance Committee of the Parliament of South Australia exempt documents under cl 17(c) of Sch 1 to the Freedom of Information Act 1991 (SA) – constitutional law – parliamentary privilege – whether parliamentary privilege protects against adverse use of documents and not disclosure of documents – Art 9 of the Bill of Rights 1689 (1 Wm & M sess 2 c 2) – meaning of ‘impeach or question’ – whether compulsive disclosure of confidential material appropriated by participants in parliamentary proceedings for the purpose of participation in those proceedings is protected as a matter falling within the exclusive cognisance of the Parliament