QAAB v Australian Crime Commission [2014] FCA 747

QAAB v Australian Crime Commission [2014] FCA 747

Although the accusatorial system and right to silence extend in principle to pre-charging phases, the ACC Act expressly abrogates the privilege against self-incrimination and allows examination under compulsion of persons not yet charged, with protections for fair trial interests to be managed through orders under s 25A and related provisions; thus, the applicant cannot claim an unqualified right to silence in this context and the application is dismissed.

Parties
Applicant: QAAB; First Respondent: Australian Crime Commission; Second Respondent: Ann Graham, sued in her capacity as an Examiner appointed under the Australian Crime Commission Act 2002 (Cth)
Jurisdiction
Australia
Judgment Date
16 July 2014
Procedural Posture
Application for Injunction / Judgment
Outcome
Application dismissed with costs
Legal Topics
Right to Silence, Privilege Against Self Incrimination, Compulsory Examination, Accusatorial System of Justice
Criminal Law Statutory Interpretation Right to Silence Privilege Against Self Incrimination Compulsory Examination Accusatorial System of Justice

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Parties

QAAB

Applicant

Australian Crime Commission

First Respondent

Ann Graham, sued in her capacity as an Examiner appointed under the Australian Crime Commission Act 2002 (Cth)

Second Respondent

Procedural Posture

Application for Injunction / Judgment

Legal Issues

  1. 1 Whether the right to silence extends to pre-charging investigations and inquiries under the Australian Crime Commission Act 2002 (Cth)
  2. 2 Whether the ACC Act abrogates the privilege against self-incrimination or the common law right to silence in a pre-charge context
  3. 3 Whether an injunction restraining examination should be granted

Ratio Decidendi

Although the accusatorial system and right to silence extend in principle to pre-charging phases, the ACC Act expressly abrogates the privilege against self-incrimination and allows examination under compulsion of persons not yet charged, with protections for fair trial interests to be managed through orders under s 25A and related provisions; thus, the applicant cannot claim an unqualified right to silence in this context and the application is dismissed.

Court Disposition

Application dismissed with costs

Orders

  • The application is dismissed.
  • The applicant is to pay the respondents' costs of and incidental to the application, to be taxed if not agreed.