Commissioner of Police v Coroners Court of South Australia; Commissioner of Police v Australian Lawyers Alliance Ltd

The Commissioner of Police appealed to the Full Court of the Supreme Court of South Australia against a decision of the Deputy Coroner concerning suppression orders in an inquest into the death of Mr Kuskoff. The Australian Lawyers Alliance Ltd was joined as a respondent to the appeal. The Commissioner sought to prevent the publication of the names and identifying material of STAR Group officers involved in the incident, citing national security and hardship to the officers and their families.

The central legal issues before the Full Court were whether the Deputy Coroner erred in law in refusing to make the requested suppression orders, and whether the Supreme Court, on appeal, had the power to make such orders itself or was required to remit the matter back to the Deputy Coroner. The Commissioner contended that the Deputy Coroner's decision was vitiated by errors of law, specifically under the principles established in *House v The King*.

The Full Court reasoned that while the Deputy Coroner possessed the power to make the suppression orders sought, the Supreme Court, on appeal, had a more limited jurisdiction. The Court found that it lacked the power to substitute its own suppression orders for those refused by the Deputy Coroner, particularly concerning the redaction of names and the closure of court proceedings. Instead, the Court determined that its role was to review the Deputy Coroner's decision for legal error and, if error was found, to remit the matter for reconsideration. The Court allowed the appeal in part, quashing the Deputy Coroner's decision and remitting the application for suppression orders to the Deputy Coroner to be dealt with according to law. However, the Court also made its own suppression order regarding the publication of STAR Group officers' names and identifying material, finding it had the power to do so on appeal.