GAX v The Queen

The High Court of Australia considered an appeal by GAX against a conviction for a serious criminal offence. The central dispute concerned the admissibility of certain evidence during GAX's trial.

The High Court was required to determine whether the evidence in question was obtained in contravention of the *Broadcasting of Parliamentary Proceedings Act 1946* (Cth) and, if so, whether it should have been admitted into evidence under section 138 of the *Evidence Act 1995* (Cth). This involved an assessment of the balance between the public interest in the administration of justice and the public interest in the preservation of the privilege against disclosure of parliamentary proceedings.

The Court reasoned that the *Broadcasting of Parliamentary Proceedings Act* confers a privilege on parliamentary proceedings, which is not absolute but can be overridden in certain circumstances. Section 138 of the *Evidence Act* provides a framework for admitting unlawfully or improperly obtained evidence, requiring a balancing exercise. The Court considered the nature of the contravention, the importance of the evidence, and whether the desirability of admitting the evidence outweighs the undesirability of admitting it. The Court ultimately found that the evidence was improperly obtained and that its admission was not justified under section 138.

The High Court allowed the appeal, quashed the conviction, and ordered a new trial.