Re Roger Macknay QC

The application before the Court was brought by Roger Macknay QC, seeking a writ of certiorari to challenge a decision by the Corruption and Crime Commission (CCC) to permit the disclosure of CCTV footage that had been played during a public examination. The footage was played during public hearings held by the CCC. The central issue before the Court was whether the CCC had made an error in its decision to allow the disclosure of the footage. Specifically, the Court had to determine whether the CCC had failed to take into account relevant considerations or had taken into account irrelevant considerations in reaching its decision, or whether there had been a wrongful exercise of the decision-maker's discretion.

The Court examined the statutory framework under which the CCC operates, including relevant provisions of the Corruption and Crime Commission Act 2003 (WA). The Court assessed whether the CCC had adhered to its statutory obligations and whether the decision to permit disclosure of the CCTV footage was made in accordance with the relevant legal principles. The Court found that the CCC had failed to take into account a relevant consideration, namely the potential for the footage to be used in a manner that was not in the public interest. The Court concluded that the CCC had exercised its discretion in a manner that was inconsistent with the statutory framework and was therefore subject to judicial review.

As a result of the Court's findings, the application for a writ of certiorari was successful. The Court quashed the decision of the CCC to permit the disclosure of the CCTV footage. The Court's decision highlighted the importance of decision-makers carefully considering all relevant factors and adhering to the statutory framework in which they operate. The Court's decision serves as a reminder to public bodies of the need to carefully consider their decisions and ensure that they are made in accordance with the relevant legal principles.