Qld Police Credit Union v CJC

The Queensland Police Credit Union Limited, the plaintiff, sought declaratory and injunctive relief against the Criminal Justice Commission, the defendant, on the basis that the latter had failed to observe procedural fairness in its report titled "Police and Drugs: a Report of an Investigation of Cases Involving Queensland Police Officers." The plaintiff contended that the report contained defamatory comments about its policy of disclosing to its police officer customers any request for financial information by the defendant, which compromised the investigation of corrupt police. The plaintiff sought a declaration that the defendant's report breached its obligation to act fairly and impartially, as well as an injunction to prevent the defendant from acting on the report. The defendant opposed the application, denying any imputation of corruption and asserting that the plaintiff had not been denied procedural fairness.

The court considered the legal principles set out in Ainsworth v Criminal Justice Commission, which established that a statutory authority must act fairly when its actions may adversely affect a person's reputation. The court found that the plaintiff's business and commercial reputation had been damaged by the defendant's report, which implied that the plaintiff was obstructing the investigation of corrupt police by tipping off suspects. The court held that the defendant's inquiry should have been conducted in a manner that ensured procedural fairness, as the plaintiff had not been given an opportunity to challenge the findings or comments in the report that affected its reputation. The court granted the plaintiff's claim for a declaration but refused the claim for an injunction, finding that it was too wide and contrary to the Legislature's intention in establishing the defendant.

The court ordered that the defendant failed to observe the requirements of procedural fairness in its report and declined to grant the injunction sought by the plaintiff. The court reserved costs for further hearing.