FEDERAL COURT OF AUSTRALIA
S v Australian Crime Commission [2005] FCA 1310
ADMINISTRATIVE LAW - summons for examination issued under s 28(1) of the Australian Crime Commission Act 2002 (Cth) – whether summons complied with essential requirement governing its issue under s 28(3) and described general nature of matters for examination –- conditional nature of requirement of disclosure
CONSTITUTIONAL LAW – validity of Australian Crime Commission Act 2002 (Cth) – validity of s 4A of the Act – where Act gives ACC power to investigate state offences with a federal aspect – whether definition of ‘federal aspect’ in s 4A ensures Act is supported by a federal head of power
Australian Crime Commission Act 2002 (Cth)
Judiciary Act 1903 (Cth)
Administrative Decisions (Judicial Review) Act 1977 (Cth)
National Crime Authority Act 1984 (Cth)
Australian Crime Commission Establishment Act 2002 (Cth)
National Crime Authority Amendment Act 2000 (Cth)
Director of Public Prosecutions Act 1983 (Cth)
Corporations Act 1989 (Cth)
Corporations (Western Australia) Act 1990 (WA)
Corporations (Western Australia) Act 1990 (WA)R v Hughes (2000) 202 CLR 535 discussed
Tickner v Bropho (1993) 114 ALR 409 cited
Re an Application under the Aboriginal and Torres Strait Islander Commission Act 1989
Re Yanner (2000) 176 ALR 1 cited
Wacando v Commonwealth (1981) 148 CLR 1 cited
Plaintiff S157/2002 v The Commonwealth (2003) 211 CLR 476 applied
Harper v Costigan (1983) 72 FLR 140 cited
P v Australian Crime Commission [2005] FCA 55 discussed
National Companies and Securities Commission v News Corporation Ltd (1984) 156 CLR 296 cited
Barnes v Boulton [2004] FCA 1219 citedS v AUSTRALIAN CRIME COMMISSION
SAD 125 of 2005
MANSFIELD J
16 SEPTEMBER 2005
ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
SAD 125 OF 2005
BETWEEN:
S
APPLICANTAND:
AUSTRALIAN CRIME COMMISSION
RESPONDENTJUDGE:
MANSFIELD J
DATE OF ORDER:
16 SEPTEMBER 2005
WHERE MADE:
ADELAIDE
THE COURT ORDERS THAT:
1.The application is dismissed.
2.The applicant pay to the respondent costs of the application.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
SAD 125 OF 2005
BETWEEN:
S
APPLICANTAND:
AUSTRALIAN CRIME COMMISSION
RESPONDENT
JUDGE:
MANSFIELD J
DATE:
16 SEPTEMBER 2005
PLACE:
ADELAIDE
REASONS FOR JUDGMENT
Division 2 of Part II of the Australian Crime Commission Act 2002 (Cth) (the ACC Act) deals with examinations under the ACC Act. Division 2 comprises ss 24A to 36. Section 24A empowers an examiner to conduct an examination for the purposes of a special Australian Crime Commission (ACC) operation/investigation (as defined in s 4 of the ACC Act).
On 12 May 2005 the ACC served on the applicant a summons to attend before an examiner to give evidence in relation to his ‘knowledge of and involvement in illegal activities since 1 January 1990’ and ‘his knowledge of and involvement in the illegal activities of any other person since 1 January 1990’.
The summons was issued by an examiner under…
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- Case
- [2005] FCA 1310
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Court were whether the ACC was required to maintain confidentiality regarding S's employment and departure, and whether the disclosure of the report would constitute an unjustifiable invasion of S's privacy. The Court had to balance the public interest in transparency and the ACC's duty to report on its activities with the privacy rights of S.
The Court found that the ACC had a legitimate public interest in disclosing the information, as it was necessary for the effective oversight and functioning of the organisation. The Court held that the ACC's report did not constitute an unjustifiable invasion of S's privacy, as the information was of public interest and the ACC had taken reasonable steps to protect S's privacy. The Court dismissed the application and ordered that S pay the ACC's costs of the application.
Orders
Orders of the court
1. The application is dismissed.
2. The applicant pay to the respondent costs of the application.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: MANSFIELD J
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