FAN19 v Australian Criminal Intelligence Commission (No 2) [2021] FCA 127

FAN19 v Australian Criminal Intelligence Commission (No 2) [2021] FCA 127

It was necessary to make suppression orders for a period of 20 years to prevent prejudice to the proper administration of justice due to risks relating to criminal charges and coercive examination, following principles of open justice and statutory requirements.

Jurisdiction
Australia
Judgment Date
15 February 2021
Procedural Posture
Suppression Order Application Related to Criminal Examination / Post Hearing; Orders and Reasons for Suppression
Outcome
Suppression orders made; applicant's application for relief dismissed; redactions allowed; period for suppression set at 20 years.
Legal Topics
['suppression Orders' 'open Justice' 'coercive Examinations' 'redaction of Reasons' 'confidentiality Orders']
['practice and Procedure' 'federal Crime'] ['suppression Orders' 'open Justice' 'coercive Examinations' 'redaction of Reasons' 'confidentiality Orders']

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Procedural Posture

Suppression Order Application Related to Criminal Examination / Post Hearing; Orders and Reasons for Suppression

Legal Issues

  1. 1 ['Whether suppression orders and redactions are necessary to prevent prejudice to the proper administration of justice' 'Appropriateness and duration of suppression orders under Federal Court of Australia Act 1976 (Cth)']

Ratio Decidendi

It was necessary to make suppression orders for a period of 20 years to prevent prejudice to the proper administration of justice due to risks relating to criminal charges and coercive examination, following principles of open justice and statutory requirements.

Court Disposition

Suppression orders made; applicant's application for relief dismissed; redactions allowed; period for suppression set at 20 years.

Orders

  • ['Orders 1 and 2 of suppression orders made 17 December 2019 remain in force until 15 February 2041.' 'Suppression orders do not apply to references made in reasons for judgment.' 'Reasons for judgment not to be distributed except to parties and legal representatives.' 'Parties to file submissions in support of...