The federal Law Enforcement Legislation Amendment (Powers) Act 2015 (Cth) comes into force today. At the Bill’s second reading speech in March, Minister for Justice Michael Keenan explained that the Bill responds to a set of recent court decisions on the powers of crime commissions (as discussed by Anna Dziedzic here, here and here.) In its X7 decision from 2013, a narrow majority of the High Court held that the Australian Crime Commission could not use its compulsory examination powers to examine a person charged with drug trafficking offences about those offences, while a later decision overturned drug convictions where the trial prosecutors had been illegally given access to transcripts of compelled examinations by the NSW Crime Commission. According to Keenan, the effect of these decisions have been felt well beyond the world of drug prosecutions: Continue reading
Let’s just say that you and your neighbour really don’t get along. No-one can remember how the dispute started, but you’ve both done things you (sort of) regret. Towards the end, your neighbour even convinced a court to order you to not block her driveway. The sniping only ended when she moved away.
But that was when the real battle began. Your neighbour is back in court asking a judge to punish you for flouting its order. She has photos of a green Corolla parked across her driveway a few evenings before she moved. It’s not your car, but she’s pretty sure you must have put someone up to it and she wants you to be taught a lesson in civility. To prove her case, she asks the court to order you to provide your phone contacts, so she can check whether anyone you know owned or had access to a green Corolla.
Let’s just say that you’d really rather not hand over those contacts. Can a court make you help your neighbour prove that you should be punished for contempt? The High Court looked at this question in Construction, Forestry, Mining and Energy Union v Boral Resources (Vic) Pty Ltd  HCA 21. Its unanimous answer: it depends on who you and your neighbour are.
‘we’ve lost our keys’
In the High Court case, ‘you’ are the CFMEU, a trade union with over 120,000 members, especially builders, and a flashpoint in Australian workplace relations. Your ‘neighbour’ is Boral, a multinational founded in Australia with over $5 billion in annual revenue, specialising in construction materials.The ‘court order’ was rulings made by Hollingworth J in early 2013 barring the CFMEU from stopping Boral from supplying goods or services to any construction site in Victoria. Continue reading