Sorby v Commonwealth [1983] HCA 10

Sorby v Commonwealth [1983] HCA 10

The privilege against self-incrimination was not abrogated by the Royal Commissions Act 1902 (Cth) prior to 1 February 1983, but the Royal Commissions Amendment Act 1982 (Cth), s. 6A, validly abrogated the privilege for witnesses before Royal Commissions under Commonwealth law from that date, unless the witness has been charged and the charge is pending. The State Act (Commissions of Inquiry Act 1950 Qld) does not abrogate the privilege and the privilege remains available. Lawful search and seizure of documents under warrants issued pursuant to Commonwealth and State legislation permit the Commissioner to retain, use, and copy documents as authorized by statute.

Jurisdiction
Australia
Procedural Posture
Demurrer / Decision on Demurrer
Outcome
Demurrer of Commonwealth allowed; demurrer of Attorney-General for Queensland allowed in part and overruled in part.
Legal Topics
['privilege Against Self Incrimination' 'royal Commissions' 'statutory Interpretation' 'search and Seizure' 'constitutional Validity']
['administrative Law' 'constitutional Law' 'criminal Law'] ['privilege Against Self Incrimination' 'royal Commissions' 'statutory Interpretation' 'search and Seizure' 'constitutional Validity']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Demurrer / Decision on Demurrer

Legal Issues

  1. 1 ['Whether the privilege against self-incrimination applies to witnesses before Royal Commissions under Commonwealth and Queensland law' 'Whether the statutory abrogation of privilege in s. 6A of the Royal Commissions Act 1902 (Cth), as amended, is valid and operates prospectively' 'Whether the search, seizure, and retention of documents by Royal Commission was lawful']

Ratio Decidendi

The privilege against self-incrimination was not abrogated by the Royal Commissions Act 1902 (Cth) prior to 1 February 1983, but the Royal Commissions Amendment Act 1982 (Cth), s. 6A, validly abrogated the privilege for witnesses before Royal Commissions under Commonwealth law from that date, unless the witness has been charged and the charge is pending. The State Act (Commissions of Inquiry Act 1950 Qld) does not abrogate the privilege and the privilege remains available. Lawful search and seizure of documents under warrants issued pursuant to Commonwealth and State legislation permit the Commissioner to retain, use, and copy documents as authorized by statute.

Court Disposition

Demurrer of Commonwealth allowed; demurrer of Attorney-General for Queensland allowed in part and overruled in part.

Orders

  • ['Demurrer of the Commonwealth allowed.' 'Demurrer of the Attorney-General for Queensland allowed in respect of paragraphs 6, 6(a), 7, 8 and claims C and D of statement of claim, otherwise overruled.' 'Plaintiffs to pay Commonwealth costs of the demurrer.' 'No order as to costs of the demurrer by Attorney-General...