State legislation conferring on the Supreme Court a limited review function in which one party (the Commissioner of Police) may identify confidential information not to be disclosed to the other party does not, by majority, compromise the institutional integrity of the court so as to be incompatible with Chapter III of the Constitution, provided the review function is sufficiently limited and the court retains the ability to exercise genuine evaluative review. The content of procedural fairness requirements varies with context, and there are circumstances in which a court may receive and act upon material not disclosed to parties. Wheeler JA's dissent, applying the Wilson incompatibility condition, would have held s 76(2) invalid on the basis that the executive's power to control disclosure amounted to executive instruction over the judicial function.
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