Crime and Corruption Commission v Assistant Commissioner McCarthy & PSB

In the case of Crime and Corruption Commission v Assistant Commissioner McCarthy & PSB, the applicant, a service police officer, appealed against a decision to lift a non-publication order that had been in place for five years. The Queensland Civil and Administrative Tribunal (QCAT) was the forum for this appeal, with the tribunal's decision being reviewed by the Court of Appeal. The primary concern was whether there were 'special circumstances' that warranted the continuation of the non-publication order.

The legal issues before the court centred on the interpretation of the term 'special circumstances' within the context of the non-publication order. The applicant argued that the disclosure of their identity could result in significant psychological harm due to their existing post-traumatic stress disorder (PTSD). The respondent, the Crime and Corruption Commission, contended that the public interest in transparency and accountability outweighed the applicant's privacy concerns.

The court found that the term'special circumstances' required a high threshold to be met, considering the public interest in open justice and the right to privacy of individuals involved in disciplinary proceedings. It determined that, given the five-year duration of the non-publication order and the absence of any new evidence or change in circumstances, the balance had shifted towards the public interest in disclosure. Consequently, the court dismissed the appeal and lifted the non-publication order, except for the names and any identifying information of the applicant, PSB, and any third parties other than the original decision-maker and investigating officers.