Nationwide News Pty Ltd v Integrity Commissioner [2010] FCA 385

Nationwide News Pty Ltd v Integrity Commissioner [2010] FCA 385

There is no statutory requirement or demonstrated need for the Director of OPI to transmit the interim report to Parliament at this time, and interlocutory orders must preserve the subject matter and protect the Applicants’ legitimate interests pending determination of whether the information obtained was invalidly collected. Injunction restraining the Third and Fourth Respondents from disclosing disputed information to the DPP is appropriate to preserve the status quo.

Jurisdiction
Australia
Judgment Date
22 April 2010
Procedural Posture
Judicial Review / Interlocutory Orders and Amendment Applications
Outcome
Interlocutory orders amended; application by Third and Fourth Respondents to permit transmission of interim report dismissed; oral applications of Third and Fourth Respondents dismissed; Applicants granted restrained orders against disclosure of disputed information; confidentiality orders made; costs reserved.
Legal Topics
['judicial Review of Agency Decisions' 'interlocutory Injunctions' 'investigative Powers' 'disclosure and Privilege' 'referral of Matters to Director of Public Prosecutions']
['administrative Law' 'criminal Law'] ['judicial Review of Agency Decisions' 'interlocutory Injunctions' 'investigative Powers' 'disclosure and Privilege' 'referral of Matters to Director of Public Prosecutions']

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Procedural Posture

Judicial Review / Interlocutory Orders and Amendment Applications

Legal Issues

  1. 1 ['Should the Director of OPI and the OPI be permitted to transmit an interim report to Parliament under s 28(2) of the Police Integrity Act?' 'Should the Third and Fourth Respondents be restrained from disclosing information obtained during the investigation to the Director of Public Prosecutions?' 'Did the joint investigation contravene statutory powers or result in improperly obtained evidence?']

Ratio Decidendi

There is no statutory requirement or demonstrated need for the Director of OPI to transmit the interim report to Parliament at this time, and interlocutory orders must preserve the subject matter and protect the Applicants’ legitimate interests pending determination of whether the information obtained was invalidly collected. Injunction restraining the Third and Fourth Respondents from disclosing disputed information to the DPP is appropriate to preserve the status quo.

Court Disposition

Interlocutory orders amended; application by Third and Fourth Respondents to permit transmission of interim report dismissed; oral applications of Third and Fourth Respondents dismissed; Applicants granted restrained orders against disclosure of disputed information; confidentiality orders made; costs reserved.

Orders

  • ['Orders of 15 March 2010 amended to include new paragraph restraining Third and Fourth Respondents from disclosing information obtained from Applicants or employees.' 'Oral applications of Third and Fourth Respondents made 15 April 2010 dismissed.' 'Confidential submissions and affidavits placed under seal.'...