Wainohu v New South Wales

Constitutional law (Cth) – Judicial power of Commonwealth - Constitution, Ch III - Institutional integrity of State courts - Non-judicial functions conferred upon judges of State courts - Section 5 of Crimes (Criminal Organisations Control) Act 2009 (NSW) ("Act") provided that Attorney-General may, with consent of judge, declare judge of Supreme Court to be an "eligible Judge" for purposes of Act - Section 6(1) provided that Commissioner of Police ("Commissioner") may apply to eligible Judge for declaration that particular organisation is a "declared organisation" for purposes of Act - Section 9(1) provided that eligible Judge may make declaration if satisfied members of particular organisation "associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity", and that organisation "represents a risk to public safety and order" - Section 13(2) relevantly provided that eligible Judge not required to provide "any grounds or reasons" for making declaration - Part 3 of Act empowered Supreme Court to make, on application by Commissioner, control order against member of particular "declared organisation" - Whether function conferred by Act upon eligible Judge to make declaration without requirement to provide grounds or reasons repugnant to or incompatible with institutional integrity of Supreme Court - Whether substantial impairment of institutional integrity of Supreme Court.

Words and phrases – "incompatibility", "institutional integrity", "persona designata", "reasons".

Constitution – Ch III.

Crimes (Criminal Organisations Control) Act 2009 (NSW) – ss 5, 6(1), 9(1), 12, 13(2), 14, 19.