Commissioner of the Police Service v Cornack

The matter of Commissioner of the Police Service v Cornack involved an appeal against a magistrate's decision to direct a witness to answer a question during cross-examination in committal proceedings. The witness, a plain clothes police officer who had acted as a covert operative, refused to answer the question, citing section 454 of the Police Powers and Responsibilities Act 2000 (Qld), which requires that communications be in confidence to render a person an "informer." The second respondent, who was facing drug charges, was arrested following the investigation in which the witness purchased drugs from them. The central issue before the court was whether the magistrate erred in directing the witness to answer the question, given the statutory and common law definitions of an "informer."

The court examined the interplay between the statutory requirements of section 454 and the common law interpretation of an "informer." It considered that the term "informer" is not defined in the relevant legislation but is commonly understood to mean a person who supplies information about another's behaviour in confidence to a police officer. The court determined that section 454 of the Police Powers and Responsibilities Act 2000 (Qld) confirms that the confidentiality of communications is essential for a person to be considered an "informer." Therefore, asking the witness to disclose information that might reveal the identity of an informer would contravene the statutory and common law protections. The court found that the magistrate erred in directing the witness to answer the question, as it risked breaching the confidentiality required to protect the identity of an informer.

Accordingly, the court allowed the appeal to the extent of setting aside the magistrate's order and the direction to answer the question. The appeal was allowed, and the Commissioner of the Police Service was ordered to pay the costs of the second respondent, to be assessed on the standard basis. This decision underscores the importance of maintaining the confidentiality of informer identities to protect the integrity of law enforcement operations and the rights of individuals involved in such investigations.