Commonwealth v Helicopter Resources Pty Ltd

The High Court considered an appeal by the Commonwealth of Australia against Helicopter Resources Pty Ltd concerning the interplay between coronial inquests and criminal proceedings. The dispute arose when Helicopter Resources and the Commonwealth were prosecuted for alleged failures to ensure worker health and safety following the death of an employee, Captain David Wood, during a coronial inquest into his death. A key issue was whether compelling an employee of Helicopter Resources to give evidence at the inquest, particularly when the employer faced criminal charges related to the death, would contravene the principle that an accused is not required to assist the prosecution in proving its case.

The legal issues before the High Court included whether the invocation of investigative powers to compel an employee to give evidence about a matter for which their employer is criminally charged amounts to compelling the employer to give evidence, thereby violating the rule against self-incrimination. Additionally, the Court considered an application by Helicopter Resources for an extension of time to file a notice of contention, which alleged that compelling its employee to give evidence at the inquest would constitute contempt of court by creating a real risk of interference with the parallel criminal proceedings.

The Court reasoned that section 87(1)(b) of the Evidence Act 2011 (ACT) permits the admission of a representation made by an employee if it relates to a matter within the scope of their employment, and this provision does not compel an employer to give evidence against itself. The Court found that compelling a third-party witness, such as an employee, to give evidence at an inquest does not equate to compelling the employer to provide evidence. Furthermore, the Court determined that whether the compulsory examination of a potential witness other than an accused amounts to contempt of court is a question of fact and degree dependent on the specific circumstances, making it inappropriate to speculate on hypothetical scenarios.

Consequently, the High Court refused Helicopter Resources' application for leave to file a notice of contention out of time. The appeal by the Commonwealth was allowed, and the orders of the Full Court of the Federal Court of Australia were set aside and replaced with an order dismissing the appeal to the Full Court. The Commonwealth was ordered to pay Helicopter Resources' reasonable costs on a solicitor/client basis.