SD v New South Wales Crime Commission [2013] NSWCA 48

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: SD v New South Wales Crime Commission [2013] NSWCA 48 Hearing dates: 7 February 2013 Decision date: 08 March 2013 Before: Basten JA at [1]; Macfarlan JA at [57]; Barrett JA at [58] Decision: (1) Order that publication of the name, and disclosure of other information tending to reveal the identity, of the applicant (who may be referred to by the letters SD) be prohibited. (2) Grant the applicant leave to appeal. (3) Direct that the amended draft notice of appeal filed on 12 December 2012 stand as the notice of appeal. (4) Dismiss the appeal. (5) Order the appellant to pay the respondent's costs of the proceedings in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - powers of the New South Wales Crime Commission - obligation of person giving evidence to answer questions - whether direction as to non-publication adequate - whether "reasonable excuse" for not answering questions

CRIMINAL LAW - appeal - applicant questioned at a hearing before the New South Wales Crime Commission - whether applicant had a "reasonable excuse" not to answer questions - non-publication direction under s 13(9) of the New South Wales Crime Commission Act 1985 (NSW) - direction precluded publication to the police or the Director of Public Prosecutions - power to vary direction - whether direction required to prevent prejudice to fair trial