Paull v Queensland All Codes Racing Industry Board

In the case of Paull v Queensland All Codes Racing Industry Board, the applicant, Paull, sought to exclude the admission of evidence obtained through a listening device which recorded a private conversation in contravention of the Invasion of Privacy Act 1971 (Qld). The conversation took place at a greyhound training course and was used in disciplinary proceedings brought against Paull. The proceedings were for engaging in live baiting practices and other related contraventions of the Greyhounds Australasia Rules 2015. The issue before the court was whether the evidence obtained was admissible in the proceedings, specifically whether the conversation was a private one, and if the disciplinary proceedings before the tribunal were considered 'civil proceedings' under the Invasion of Privacy Act. Additionally, the court had to consider if section 46(1) of the Invasion of Privacy Act was a 'rule of evidence' which could be dispensed with by the tribunal.

The court found that the tribunal's ruling to admit all of the audio-visual footage evidence over the applicant's objection was the subject of the application for leave to appeal and appeal. The tribunal ruled that the Invasion of Privacy Act did not apply to merit reviews due to the dislodgment of the common law rules of evidence by the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act). The court also considered that neither the illegal origins of the tapes nor the applicant's privacy rights, if any, overrode the overall public interest in the ethical regulation of the greyhound racing industry. The appeal tribunal granted leave to appeal and allowed the appeal insofar as it records a private conversation contrary to s 43 of the Invasion of Privacy Act 1971 (Qld). The decision of the tribunal made on 12 May 2016 in OCR 155-15 to refuse the application to exclude the listening device evidence was set aside and an order allowing the application was substituted.