Fair Work Ombudsman v Sinpek Pty Ltd and Ors (No.2)

In the Federal Court of Australia, Justice Street considered an application by the Fair Work Ombudsman against Sinpek Pty Ltd and two other respondents. The dispute concerned allegations of contraventions of the *Fair Work Act 2009* (Cth).

The primary legal issue before the Court was whether the privilege against self-incrimination could be invoked by the respondents in relation to evidence provided by way of affidavit, and if so, how that privilege should be preserved in the proceedings. The Court also had to determine whether to grant leave to the applicant to consider further evidence after the close of its case.

Justice Street acknowledged the established principle that the privilege against self-incrimination applies to answers that might tend to incriminate a person in criminal proceedings. The Court held that this privilege extends to evidence provided in affidavits. To protect this right, the Court issued procedural directions requiring that any affidavits filed by the respondents be accompanied by a statement from the deponent asserting their privilege against self-incrimination in relation to specific parts of the affidavit. The Court also granted the applicant leave to seek further directions regarding the consideration of additional evidence at the close of its case, subject to the respondents' rights to claim privilege.