New South Wales Crime Commission v D106 [2018] NSWSC 1130

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v D106 [2018] NSWSC 1130 Hearing dates: 18 July 2018 Date of orders: 20 July 2018 Decision date: 20 July 2018 Jurisdiction: Common Law Before: Schmidt J Decision: (1) Until further order of this Court, pursuant to s 7 of the Court Suppression and Non−Publication Orders Act 2010 (NSW) and upon the grounds set out in paragraphs 8(1)(a), (c) and (e) therein, there is to be no disclosure or publication of: (a) the summons; (b) the name of the Defendant; (c) the evidence filed in support of the summons; and (d) any transcript of the hearing of this matter, subject to the requirements of subsection 35A(8) of the Crime Commission Act 2012 (NSW) and except for: (e) the proper execution of the orders of the Court; and (f) the proper processes of the New South Wales Crime Commission ('the Commission') in pursuing its investigation pursuant to the Crime Commission Act as disclosed in evidence filed in support of the summons. (2) Order 1 is to have effect throughout the Commonwealth. (3) Leave is granted pursuant to s 35A of the Crime Commission Act to the Plaintiff, its officers and legal practitioners engaged or employed by it, to: (a) question D106, under s 24 of the Crime Commission Act at a hearing before the Commission; and (b) require D106, under s 24 of the Crime Commission Act to produce a document or thing; in relation to the subject matter of the offences he/she is currently charged with, namely: REDACTED (4) The Defendant be referred to by the pseudonym D106. This leave is granted subject to the following conditions: (1) The defendant is to be informed, before she gives evidence to the Commission in the proposed hearing by it, of the provisions of s 45A of the Crime Commission Act, and be afforded the opportunity to obtain legal advice in respect of those provisions, in particular, her right to object to providing evidence. (2) The Commission is to maintain a record of all persons to whom the evidence of D106 or a record of any of her evidence has been disclosed. (3) The Commission is to take steps to ensure that the investigators involved in D106's arrest and who are still involved in ongoing inquiries relevant to her prosecution do not have access to the evidence obtained at the hearing proposed to be conducted by the Commission. (4) Upon request by D106 or by any legal representative instructed by D106, the Commission will provide written certification that conditions 2 and 3 have been complied with. (5) The electronic document library relevant to the hearing process concerning D106 has been and will remain quarantined from the relevant investigating officers involved in inquiries concerning her prosecution and there will be no future communication of any evidence obtained as a result of the hearing by the Commission to such investigating police officers. Catchwords: CIVIL LAW – ex parte application – examination orders – application under s 35A Crime Commission Act 2012 (NSW) – orders made on conditions – pseudonym and other orders made under 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW) Crimes Act 1900 (NSW) Crime Commission Act 2012 (NSW) Firearms Act 1996 (NSW) Cases Cited: New South Wales Crime Commission v D109 [2015] NSWSC 1244 New South Wales Crime Commission v D181 [2015] NSWSC 1836 NSW Crime Commission v D150 [2015] NSWSC 1842 New South Wales Crime Commission v D101 [2016] NSWSC 548 X7 v Australian Crime Commission (2013) 248 CLR 92; 2013] HCA 29 Category: Principal judgment Parties: New South Wales Crime Commission (Plaintiff) D106 (Defendant) Representation: Solicitors: New South Wales Crime Commission (Plaintiff) File Number(s): 2018/221009 Publication restriction: Nil