Gypsy Jokers Motorcycle Club Incorporated v Commissioner of Police

[2008] HCA 4
Judgment date
Case number
P26/2007
Before
Gleeson CJ, Gummow, Kirby, Hayne, Heydon, Crennan, Kiefel JJ
Catchwords

Statutes – Interpretation - Corruption and Crime Commission Act 2003 (WA) - The appellant sought review of a decision of the Commissioner of Police to issue a fortification removal notice in the Supreme Court of Western Australia - Section 76(2) of the Act provided that the Commissioner could identify any information provided to the Supreme Court for the purposes of review proceedings as confidential "if its disclosure might prejudice the operations of the Commissioner" with consequences for the use and disclosure of the information - Whether s 76(2) renders unexaminable by the Supreme Court the decision of the Commissioner - Relevance of the Constitution to statutory construction.

Constitutional law (Cth) – Chapter III - Judicial power - Integrity of State Supreme Courts - Whether s 76(2) impairs the Supreme Court's character as independent and impartial or otherwise improperly controls the exercise of its jurisdiction contrary to Ch III of the Constitution - Effect of restriction on ability to ensure equality between litigants - Effect of restriction on publication of information in reasons for judgment - Effect of restriction on ability of party to bring appeal proceedings - Role of Executive officers in relation to the judicial process.

Words and phrases – "confidential", "fortification removal notice", "publicly disclosed", "review".

Constitution – Ch III.

Corruption and Crime Commission Act 2003 (WA) – s 76(2).

Files
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