Hogan v Australian Crime Commission [2005] FCA 913

FEDERAL COURT OF AUSTRALIA

Hogan v Australian Crime Commission [2005] FCA 913 ADMINISTRATIVE LAW – privilege against self-incrimination – examination under s 25A of the Australian Crime Commission Act 2002 (Cth) – applicant claimed to be entitled to decline to answer questions on the ground that to do so may tend to incriminate him – whether privilege against self-incrimination abrogated by s 30 of the Act ADMINISTRATIVE LAW – right to representation by legal adviser – examination under s 25A of the Australian Crime Commission Act 2002 (Cth) – examiner refused leave to applicant's nominated legal adviser to be present during examination – whether s 25A(3) qualified the entitlement of the applicant to be represented under s 25A(2) – whether examiner properly exercised the power to exclude the legal adviser

Administrative Decisions (Judicial Review) Act 1977 (Cth) Australian Crime Commission Act 2002 (Cth) ss 25A, 28, 30 Australian Crime Commission Establishment Act 2002 (Cth) Australian Securities Commission Act 1989 (Cth) Crimes Legislation Amendment Act 1989 (Cth) Explanatory Memorandum to the Crimes Legislation Amendment Bill 1989 National Crime Authority Act 1984 (Cth) Australian Crime Commission Special Investigation Authorisation and Determination (Established Criminal Networks) 2003 A v Boulton (2004) 207 ALR 342 applied Grant v Downs (1976) 135 CLR 674 cited Baker v Campbell (1983) 153 CLR 52 cited Re Whiting [1994] 1 Qd R 561 cited Connelly v Director of Public Prosecutions [1964] AC 1254 cited O'Toole v Scott [1965] 2 All ER 240 cited Skouvakis v Skouvakis [1976] 2 NSWLR 29 cited Douglas v Douglas [1976] Qd R 75 cited R v Matthews (1887) 8 LR (NSW) 45 cited National Crime Authority v A, B and D (1988) 18 FCR 439 applied Australian Securities Commission v Bell (1991) 104 ALR 125 discussed Khan v Minister for Immigration & Ethnic Affairs [1987] FCA 713 cited