Chief Commissioner of Police v Crupi & Anor

The High Court of Australia heard an application by the Chief Commissioner of Police for a suppression order. The application was made in the presence of counsel for the applicant and an amicus curiae, with the respondent having been notified but not attending. The core of the dispute concerned the disclosure of information that could identify an informer, with the applicant seeking to prevent prejudice to the administration of justice and protect a person's safety.

The legal issues before the Court were whether to grant a suppression order under s 77RE(1) of the Judiciary Act 1903 (Cth) and to make specific adjustments to the proposed orders. These adjustments included narrowing the scope of the suppression to particular paragraphs of a confidential affidavit and an amended special leave application, and ensuring the amicus curiae had access to the confidential material for the purposes of the proceeding. The Court was also asked to consider the duration and geographical reach of the suppression order.

The Court reasoned that the protection of informers' identities is a long-established practice, essential for the proper administration of justice and the safety of individuals. In support of the application, an affidavit from Detective Inspector Sara Morse was presented, which corroborated the concerns raised. Applying s 77RF(1) of the Judiciary Act, the Court was satisfied that the proposed order was necessary to prevent prejudice to the administration of justice and protect a person's safety. Consequently, the Court made a suppression order prohibiting the publication or disclosure of specified material for a period of 10 years, operating throughout Australia, with specific carve-outs for the amicus curiae and dispensing with service on the respondents.