Ex parte West Australian Newspapers Ltd

West Australian Newspapers Ltd applied to the Court for an order that would allow it to broadcast a videotaped interview played during public hearings held by the Corruption and Crime Commission. The Commission opposed the application on the basis that the broadcast would interfere with the Commission's investigation and the privacy of the interviewee. The Court was required to determine whether the Commission's discretion to make directions in relation to the publication of information was a general discretion or whether it was constrained so that it could only be exercised in favour of granting access if the grant of access would positively advance the interests of justice or there were otherwise exceptional circumstances.

The Court held that the discretion was not a general discretion but was constrained. The Court held that the Commission could only exercise its discretion in favour of granting access if the grant of access would positively advance the interests of justice or there were otherwise exceptional circumstances. The Court found that in this case, the grant of access would not positively advance the interests of justice nor were there any exceptional circumstances that would warrant the grant of access. The Court found that the broadcast would interfere with the Commission's investigation and the privacy of the interviewee and that these factors outweighed any potential benefit of the broadcast.

The Court allowed the appeal and dismissed the application for an order that would allow the broadcast of the videotaped interview. The Court found that the Commission's discretion was constrained and that the factors that would warrant the grant of access were not present in this case. The Court emphasised the importance of protecting the privacy of individuals involved in investigations and the need to balance that with the public interest in access to information. The Court found that the balance tipped in favour of protecting the privacy of the interviewee and preventing interference with the Commission's investigation.