Vella v Commissioner of Police (NSW) [2019] HCA 38

HIGH COURT OF AUSTRALIA

KIEFEL CJ, BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJ

DAMIEN CHARLES VELLA & ORS PLAINTIFFS

AND

COMMISSIONER OF POLICE (NSW) & ANOR DEFENDANTS

Vella v Commissioner of Police (NSW) [2019] HCA 38 Date of Hearing: 6 & 7 August 2019 Date of Judgment: 6 November 2019 S30/2019

ORDER

The questions of law referred to this Court in the special case should be answered as follows:

Question 1: Is subsection 5(1) of the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW) invalid (in whole or in part) because it is inconsistent with and prohibited by Chapter III of the Constitution?

Answer: No.

Question 2: If the answer to Question 1 is "Yes":

(a) to what extent is that subsection invalid?

(b) is that part of the subsection severable from the remainder of the Act?

Answer: Unnecessary to answer.

Question 3: Who should pay the costs of the special case?

Answer: The plaintiffs.

Representation

J K Kirk SC with T O Prince for the plaintiffs (instructed by LawyersCorp Pty Ltd and Birchgrove Legal)

M G Sexton SC, Solicitor-General for the State of New South Wales, with S Robertson for the defendants (instructed by Crown Solicitor's Office (NSW))

S P Donaghue QC, Solicitor-General of the Commonwealth, with J S Stellios and S R Bateman for the Attorney-General of the Commonwealth, intervening (instructed by Australian Government Solicitor)

C D Bleby SC, Solicitor-General for the State of South Australia, with M E Boisseau for the Attorney-General for the State of South Australia, intervening (instructed by Crown Solicitor's Office (SA))

K L Walker QC, Solicitor-General for the State of Victoria, with R A Minson for the Attorney-General for the State of Victoria, intervening (instructed by Victorian Government Solicitor)

J A Thomson SC, Solicitor-General for the State of Western Australia, with K J Chivers for the Attorney-General for the State of Western Australia, intervening (instructed by State Solicitor's Office (WA))