Tasmania's Director of Public Prosecutions is continuing his push to prosecute the state's top cop on allegations of criminal conduct.
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Last month, Supreme Court Judge Peter Evans granted a permanent stay in the criminal proceedings against suspended Police Commissioner Jack Johnston.
Mr Johnston was facing two counts of disclosing official secrets, the prosecution alleging that last year the Commissioner passed on confidential information to then-Premier Paul Lennon and Police Minister Jim Cox relating to a top-secret police investigation involving Government MPs.
Director of Public Prosecutions Tim Ellis SC had until the close of business tomorrow to seek leave to appeal.
And in a media statement released this afternoon, Mr Ellis confirmed he has sought leave to appeal to the High Court to have the ruling overturned.
Mr Ellis is arguing Justice Evans erred in holding that Mr Johnston did not have a duty to keep the information at the centre of the charges secret.
The DPP is also arguing the Judge erred by holding that Mr Johnston was able to authorise himself to disclose the information to the then-Premier.
Mr Ellis said he sought independent legal advice before lodging the appeal application.
It's unclear when the application will be heard by the High Court.
