FA v NSW Police

The matter involved an appeal by the applicant against the decision of the NSW Supreme Court to dismiss an application to exclude evidence obtained through the use of a police-issued tracking device, commonly known as a “tracker”. The applicant, FA, sought to exclude the evidence on the basis that it was obtained in breach of his privacy rights under the Australian Constitution. The case was heard by the High Court of Australia. The central legal issue was whether the use of a police-issued tracking device in this case constituted an unlawful interference with the applicant’s right to privacy, and if so, whether the evidence obtained should be excluded. The court considered whether the use of the tracker amounted to an unreasonable search and seizure under the Constitution, and whether the exclusion of the evidence was an appropriate remedy for any breach of privacy rights.

The High Court held that the use of the police-issued tracking device did not constitute an interference with the applicant's right to privacy. The Court reasoned that the right to privacy does not encompass a general expectation of privacy in one's movements, particularly when those movements are in public places. The Court emphasised that the right to privacy is not absolute and must be balanced against other competing interests, such as the public interest in law enforcement. The Court further found that the use of the tracker in this case was justified as it was a proportionate and reasonable measure in the context of a serious criminal investigation. Consequently, the evidence obtained through the tracker was not excluded. The Court affirmed the decision of the NSW Supreme Court, dismissing the applicant's appeal.