F v Crime and Corruption Commission

SUPREME COURT OF QUEENSLAND

CITATION: 

F v Crime and Corruption Commission [2020] QSC 245

PARTIES: 

[NAME NOT PUBLISHED]

(Applicant)

v

CRIME AND CORRUPTION COMMISSION

(Respondent)

FILE NO/S: 

[not published]

DIVISION: 

Trial Division

PROCEEDING: 

Originating application

DELIVERED ON: 

12 August 2020

DELIVERED AT: 

Brisbane

HEARING DATE: 

6 August 2020

JUDGE: 

Jackson J

ORDER: 

The order of the court is that:

1.	The application is dismissed.
2.	No order as to costs.

CATCHWORDS: 

CRIMINAL LAW – FEDERAL AND STATE
INVESTIGATIVE AUTHORITIES – QUEENSLAND –
where the applicant is employed at a television station –

where the applicant received information in that capacity
from an unnamed source which caused him to direct a
television news reporter and camera man to a stated address

– where the respondent is conducting a corruption

investigation that police disclosed information without lawful
authority, engaged in corrupt conduct and committed
offences against the Criminal Code (Qld) and Police Powers

and Responsibilities Act 2000 (Qld) – where the applicant

refused to answer questions at a commission hearing on the

ground of public interest immunity – where the applicant

applied to a judge to decide whether the claims of privilege
on the ground of public interest immunity are established and

should be upheld – whether a journalist’s claim of ‘privilege’

against disclosing confidential sources of information is

within public interest immunity – where the court held that
public interest immunity does not extend to a journalist’s

obligation not to disclose confidential sources of information

CRIMINAL LAW – FEDERAL AND STATE

INVESTIGATIVE AUTHORITIES – QUEENSLAND -

where the application is alternatively for a restrictive
injunction restraining the respondent from questioning the

applicant further in relation to the corruption investigation –

whether the investigation is being conducted unfairly by
asking the applicant to disclose confidential sources of

information – where the court held that the investigation is

not being conducted unfairly

CRIMINAL LAW – FEDERAL AND STATE
INVESTIGATIVE AUTHORITIES – QUEENSLAND -

where the application is alternatively for a restrictive
injunction restraining the respondent from questioning the

applicant further in relation to the corruption investigation –

whether the complaint or information for the investigation

being conducted does not warrant an investigation – whether

the unauthorised disclosure of information by a police officer
is capable of constituting corrupt conduct - where the court
held that it is not inapt to describe the disclosure of
information as conduct that could result in the performance of
functions or in a way that involves the misuse of information
as corrupt conduct

CONSTITUTIONAL LAW – OPERATION AND
EFFECT OF COMMONWEALTH CONSTITUTION –

RESTRICTIONS ON COMMONWEALTH AND STATE

LEGISLATION – RIGHTS AND FREEDOMS IMPLIED IN COMMONWEALTH CONSTITUTION – FREEDOM OF POLICITCAL COMMUNICATION – PARTICULAR CASES – where the applicant submitted that ss 192 and

196 of the Crime and Corruption Act 2001 (Qld)
impermissibly burdens the freedom of communication about
matters of government and politics to the extent they require
the applicant to answer certain questions about the source of
information and reveal the confidential source of information