Dowe; Gedeon v Commissioner of the NSW Crime Commission & Anor

The applicants, Dowe and Gedeon, sought judicial review of decisions made by the Commissioner of the NSW Crime Commission and the Commissioner of Police. The dispute concerned the validity of notices issued under section 13 of the *Crimes (Forensic Procedures) Act 2000* (NSW) requiring the applicants to undergo forensic procedures. The matter came before the High Court of Australia.

The central legal issues before the High Court were whether the notices issued under section 13 of the *Crimes (Forensic Procedures) Act 2000* (NSW) were invalid for failing to specify the grounds upon which the Commissioner believed the applicants had committed or had attempted to commit a serious indictable offence, and whether the notices were invalid for failing to specify the grounds upon which the Commissioner believed the forensic procedures were necessary for the investigation of a serious indictable offence.

Gleeson CJ and Gummow J held that section 13 of the *Crimes (Forensic Procedures) Act 2000* (NSW) did not require the Commissioner to specify the grounds for belief in the notice itself. The Court reasoned that the statutory scheme contemplated that the grounds for belief would be established by evidence in subsequent proceedings if the validity of the notice were challenged. The Court found that the notices were not invalid on the grounds argued by the applicants.

The applications for judicial review were dismissed.