C v National Crime Authority [1987] FCA 685

C v National Crime Authority [1987] FCA 685

The privilege against self-incrimination does not entitle a person to refuse to answer all questions on a blanket or general basis; specific objection must be made to each question or line of questioning where there are reasonable grounds to believe that the answer may tend to incriminate, and the court or Authority must be satisfied on the facts and circumstances of each instance that a real risk exists.

Parties
Applicant: C; Respondent: National Crime Authority
Jurisdiction
Australia
Judgment Date
27 November 1987
Procedural Posture
Administrative Law – Order of Review / Judgment After Application for Order of Review Under National Crime Authority Act 1984 S 32
Outcome
Application dismissed; decision of the Authority affirmed.
Legal Topics
Privilege Against Self Incrimination, National Crime Authority Hearings, Blanket Objection to Privilege, Application of Privilege During Hearings
Administrative Law Evidence Privilege Against Self Incrimination National Crime Authority Hearings Blanket Objection to Privilege Application of Privilege During Hearings

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Parties

C

Applicant

National Crime Authority

Respondent

Procedural Posture

Administrative Law – Order of Review / Judgment After Application for Order of Review Under National Crime Authority Act 1984 S 32

Legal Issues

  1. 1 Whether an applicant before the National Crime Authority may refuse to answer further questions during a hearing by invoking the privilege against self-incrimination on a blanket basis rather than question by question

Ratio Decidendi

The privilege against self-incrimination does not entitle a person to refuse to answer all questions on a blanket or general basis; specific objection must be made to each question or line of questioning where there are reasonable grounds to believe that the answer may tend to incriminate, and the court or Authority must be satisfied on the facts and circumstances of each instance that a real risk exists.

Court Disposition

Application dismissed; decision of the Authority affirmed.

Orders

  • The decision of the National Crime Authority is affirmed.
  • The application is dismissed.