26.Section 19F provides that section 19B does not apply to a decision not to institute criminal proceedings, or, where a decision not to institute criminal proceedings has been taken, to any act done for the purpose of making a decision about criminal proceedings. This exemption will prevent it being possible for a person to use the Act to discover the reasons for a decision not to prosecute, thereby preserving the role of the criminal courts as the sole forum for determining guilt.  Section 19F further provides that section 19B does not apply to decisions to terminate, or not to continue, criminal proceedings once they have been instituted.
Commentary Section 19F