Hare, J. v Gladwin, E.A. & Ors [1988] FCA 331

Hare, J. v Gladwin, E.A. & Ors [1988] FCA 331

Section 316 of the Commonwealth Electoral Act 1918 is an investigatory provision; Mrs. Gladwin had objectively reasonable grounds for issuing the notice to the applicant, and the form and width of the notice did not offend the statutory requirements. The Act evinces an intention to exclude the privilege against self-incrimination. No procedural unfairness was established.

Parties
Applicant: John Hare; Respondent: E.A. Gladwin; Respondent: John Stoner; Respondent: Australian Electoral Commission
Jurisdiction
Australia
Judgment Date
04 July 1988
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Judicial Review, Election Funding, Financial Disclosure, Production of Documents, Natural Justice, Privilege Against Self Incrimination
Administrative Law Electoral Law Judicial Review Election Funding Financial Disclosure Production of Documents Natural Justice Privilege Against Self Incrimination

Case Brief

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Parties

John Hare

Applicant

E.A. Gladwin

Respondent

John Stoner

Respondent

Australian Electoral Commission

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the authorized officer had reasonable grounds to believe the applicant could produce documents relating to a possible contravention of the Commonwealth Electoral Act 1918
  2. 2 Whether the notice was invalid for failure to state grounds of belief or relevance of documents
  3. 3 Whether the notice required production of documents too widely expressed

Ratio Decidendi

Section 316 of the Commonwealth Electoral Act 1918 is an investigatory provision; Mrs. Gladwin had objectively reasonable grounds for issuing the notice to the applicant, and the form and width of the notice did not offend the statutory requirements. The Act evinces an intention to exclude the privilege against self-incrimination. No procedural unfairness was established.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.
  • The applicant pay the respondents' costs thereof.