Australian Crime Commission v OK [2010] FCAFC 61

FEDERAL COURT OF AUSTRALIA

Australian Crime Commission v OK [2010] FCAFC 61 Citation: Australian Crime Commission v OK [2010] FCAFC 61

Appeal from: OK v Australian Crime Commission [2009] FCA 1038

Parties: AUSTRALIAN CRIME COMMISSION v OK

File number: SAD 155 of 2009

Judges: SPENDER, EMMETT AND JACOBSON JJ

Date of judgment: 2 June 2010

Corrigendum: 11 June 2010

Catchwords: ADMINISTRATIVE LAW – where Witness summoned under Australian Crime Commission Act 2002 (Cth) – right to a fair trial - where questions asked by examiner relate directly to matters the subject of a criminal charge laid against the Witness – whether real risk that questioning may interfere with administration of justice – confidentiality – protection prohibition in s 25A(9) of the Australian Crime Commission Act 2002 (Cth) (the Commission Act) - whether the Commission Act achieves balance between public interest in the investigation of federally related criminal activity and public interest in the right of an accused person to a fair trial

Legislation: Australian Crime Commission Act 2002 (Cth) ss 12, 25, 29, 30, 51, 50.

Cases cited: ABC v Sage (2009) 107 ALD 614 Environment Protection Authority v Caltex Refining Co (1993) 178 CLR 477 Hammond v Commonwealth (1982) 152 CLR 188 Pioneer Concrete (Vic) Pty Ltd v Trade Practices Commission (1982) 152 CLR 460 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 RPS v The Queen (2000) 199 CLR 620 Weissensteiner v R (1993) 178 CLR 217 Woolmington v The Director of Public Prosecutions (1935) AC 462