SD v NSW Crime Commission [2012] NSWSC 1642

SD v NSW Crime Commission [2012] NSWSC 1642

The plaintiff was not entitled to refuse to answer the questions, as the NSW Crime Commission Act 1985 abrogates the privilege against self-incrimination except as to direct use. The lack of derivative use immunity or an irrevocable non-publication order does not constitute a reasonable excuse. The decision of the Commission was correct and is affirmed.

Jurisdiction
Australia
Judgment Date
18 October 2012
Procedural Posture
Interlocutory Application / Supreme Court Review Under S 19(2) of the New South Wales Crime Commission Act 1985 of a Commission Decision
Outcome
Application dismissed; decision of Commission affirmed
Legal Topics
['privilege Against Self Incrimination' 'review of Administrative Decisions' 'non Publication Orders' 'nsw Crime Commission Act 1985 S 18, S 18 B, S 19']
['criminal Law' 'statutory Interpretation'] ['privilege Against Self Incrimination' 'review of Administrative Decisions' 'non Publication Orders' 'nsw Crime Commission Act 1985 S 18, S 18 B, S 19']

Case Brief

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Procedural Posture

Interlocutory Application / Supreme Court Review Under S 19(2) of the New South Wales Crime Commission Act 1985 of a Commission Decision

Legal Issues

  1. 1 ['Whether the plaintiff had a reasonable excuse to refuse to answer questions before the NSW Crime Commission based on privilege against self-incrimination' 'Whether the statutory protections against self-incrimination under the NSW Crime Commission Act 1985 include derivative use immunity' 'Whether the absence of an irrevocable non-publication order to the NSW Police or DPP entitles the plaintiff to refuse to answer questions']

Ratio Decidendi

The plaintiff was not entitled to refuse to answer the questions, as the NSW Crime Commission Act 1985 abrogates the privilege against self-incrimination except as to direct use. The lack of derivative use immunity or an irrevocable non-publication order does not constitute a reasonable excuse. The decision of the Commission was correct and is affirmed.

Court Disposition

Application dismissed; decision of Commission affirmed

Orders

  • ['The decision of the Commission made on 15 August 2012 that the plaintiff is not entitled to refuse to answer the two questions put to him to which he objected is affirmed.' 'The summons is otherwise dismissed.' "Unless an application for a different order for costs is made within seven days of the date of this...