WorkCover Authority of New South Wales (Inspector Keelty) v The Crown in Right of the State of New South Wales (Police Service of New South Wales) [2000] NSWIRComm 234

Industrial Relations Commission of New South Wales in Court Session

CITATION : WorkCover Authority of New South Wales (Inspector Keelty) v The Crown in Right of the State of New South Wales (Police Service of New South Wales) [2000] NSWIRComm 234 PROSECUTOR WorkCover Authority of New South Wales (Inspector Ronald James Keelty) PARTIES : DEFENDANT The Crown in Right of the State of New South Wales (Police Service of New South Wales) FILE NUMBER: IRC 5721 of 1997 CORAM: Hungerford J Occupational Health and Safety - Summons for production of documents and things by the defendant - Notice of motion to set aside as incompetent against the Crown - Ability of the Crown to rely on the privilege against self-incrimination and the privilege against self-exposure to a penalty - Statutory removal of such privileges as to bodies corporate - Whether the Crown a body corporate - Held, the Crown a body corporate at common law in its constitution as a corporation sole - Held, the Crown unable to rely on the said privileges - This ground of the motion dismissed - Whether otherwise the summons for production should be set aside on basis too wide, oppressive and a substitute for discovery - Whether summons should be set aside as disclosing no legitimate forensic purpose - Apparent relevance of documents and things sought - Summons set aside in part and certain variations made.

Crown - Prosecution for breach of occupational health and safety legislation - Summons for production of documents and things - Reliance by Crown on privilege against self-incrimination and privilege against self-exposure to a penalty - Whether the Crown a body corporate - Held, the Crown a corporation sole and hence a body corporate - Held, the Crown unable to rely on the said privileges. CATCHWORDS : Criminal Law - Summons for production of documents and things by the defendant charged with a breach of occupational health and safety legislation - Notice of motion by defendant Crown to set aside summons - Privilege against self-incrimination and the privilege against self-exposure to a penalty - Held, the Crown a body corporate and unable to claim immunity from production - Motion on this ground dismissed.