Commonwealth of Australia v Helicopter Resources Pty Ltd [2020] HCA 16

Commonwealth of Australia v Helicopter Resources Pty Ltd [2020] HCA 16

Section 87(1)(b) of the Evidence Act 2011 (ACT) does not mean that compelling an employee to give evidence amounts to compelling the employer to give evidence contrary to the accusatorial rule. The mere attribution of an employee's representation to an employer under s 87(1)(b) does not offend the principle that an...

Source-derived case information.

Parties
Appellant: Commonwealth of Australia; First Respondent: Helicopter Resources Pty Ltd; Respondents: Second and Third Respondents
Jurisdiction
Australia
Judgment Date
24 April 2020
Procedural Posture
Appeal / High Court of Australia Appeal From Full Court of the Federal Court
Outcome
Appeal allowed
Legal Topics
Accusatorial System of Criminal Justice, Admissions by Employees, Compulsory Investigative Powers, Contempt of Court, Coronial Inquest, Companion Rule
Criminal Law Evidence Law Coronial Law Accusatorial System of Criminal Justice Admissions by Employees Compulsory Investigative Powers Contempt of Court Coronial Inquest +1 more

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Parties

Commonwealth of Australia

Appellant

Helicopter Resources Pty Ltd

First Respondent

Second and Third Respondents

Respondents

Procedural Posture

Appeal / High Court of Australia Appeal From Full Court of the Federal Court

Legal Issues

  1. 1 Does s 87(1)(b) of the Evidence Act 2011 (ACT) mean invocation of a power to compel an employee to give evidence about a matter relevant to pending criminal charges against the employer amounts to compelling the employer to give evidence contrary to the accusatorial principle?
  2. 2 Whether the compulsory examination of an employee amounts to improper interference with criminal proceedings or contempt of court.

Ratio Decidendi

Section 87(1)(b) of the Evidence Act 2011 (ACT) does not mean that compelling an employee to give evidence amounts to compelling the employer to give evidence contrary to the accusatorial rule. The mere attribution of an employee's representation to an employer under s 87(1)(b) does not offend the principle that an accused cannot be forced to assist the prosecution's case. Thus, compelling such evidence before a coronial inquest does not, by itself, constitute an improper interference with criminal justice or amount to contempt.

Court Disposition

Appeal allowed

Orders

  • The first respondent's application for leave to file a notice of contention is refused.
  • Appeal allowed.