Police Service Board v Morris & Martin [1985] HCA 9

The privilege against self-incrimination does not apply in respect of an order to answer questions under reg. 95A(7) of the Police Regulations 1957 (Vic) concerning a police officer's duty-related activities; the regulation, by design and purpose within a disciplined force, impliedly excludes the privilege, obliging the officer to obey such a directive without entitlement to refuse on self-incrimination grounds.

Jurisdiction: Australia
Procedural Posture: Appeal / High Court Judgment on Appeal From Full Court of the Supreme Court of Victoria
Outcome: Appeals allowed
Legal Topics: ['privilege Against Self Incrimination' 'statutory Interpretation' 'police Disciplinary Procedure']

['administrative Law' 'disciplinary Law'] ['privilege Against Self Incrimination' 'statutory Interpretation' 'police Disciplinary Procedure']

Case Brief

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Procedural Posture

Appeal / High Court Judgment on Appeal From Full Court of the Supreme Court of Victoria

Legal Issues

1 ['Whether the privilege against self-incrimination applies to orders given under reg. 95A(7) of the Police Regulations 1957 Vict.' 'Whether the Police Regulation Act 1958 (Vic) or the Regulations exclude the privilege, expressly or by necessary implication' 'Whether the privilege against self-incrimination extends to exposure to disciplinary but non-criminal penalties']

Ratio Decidendi

Court Disposition

Appeals allowed

Orders

['Set aside the orders of the Full Court of the Supreme Court of Victoria other than the orders as to costs' 'In lieu thereof order that the orders nisi be discharged' 'Order that the costs of the appeals be borne by the appellants']