Spinosa v Crime and Corruption Commission

In Spinosa v Crime and Corruption Commission, the applicant, Mr Spinosa, sought a statement of reasons for decisions made by police and the Crime and Corruption Commission (CCC) in relation to complaints of alleged police misconduct. The case was heard in the Queensland Court of Appeal, which was asked to determine whether the decisions in question were excluded decisions under part 4 of the Judicial Review Act 1991 (Qld). The court also had to consider whether the application to dismiss the proceeding should be treated as an application for a statutory order of review under s 48 of the Judicial Review Act.

The primary legal issues before the court were whether the decisions by the police and the CCC to not investigate, or further investigate, allegations of police misconduct were excluded decisions under the Judicial Review Act. Additionally, the court had to determine whether the application to dismiss the proceeding should be considered an application for a statutory order of review, which would have implications for the court's jurisdiction and the applicable procedure and evidence rules.

The Court of Appeal held that the decisions in question were indeed excluded decisions, as they fell within the scope of the exclusions outlined in part 4 of the Judicial Review Act. The court found that the decisions related to the exercise of discretion in relation to the investigation of complaints, and thus were not subject to the requirement for reasons under the Act. Furthermore, the court determined that the application to dismiss the proceeding should not be treated as an application for a statutory order of review, as it did not seek a review of an administrative decision, but rather sought to dismiss the proceeding on procedural grounds.

In light of the above, the Court of Appeal dismissed the application filed on 18 August 2020, as well as the proceeding itself. The applicant was ordered to pay the respondents' costs of the proceeding, including the costs associated with the applications filed by each of the first respondent, and the second to tenth respondents, seeking dismissal of the proceeding.