Section 31(1) of the Surveillance Devices Act 1998 (WA) confers a single discretion: if a judge is satisfied that publication should be made to protect or further the public interest, the judge must order publication; there is no residual discretion to refuse. The interest in maintaining the privacy of private conversations is not a relevant consideration under s 31(1) because the Act does not establish a general right to privacy but restricts the use of covert devices and publication of information obtained thereby. The mere fact that a private conversation raises issues of public interest is a necessary but insufficient condition for an order under s 31(1).
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
3 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.