Where a non-publication order has been made under s 43(1) of the Major Crime (Investigative Powers) Act 2004 (Vic), the Chief Examiner cannot create exceptions permitting disclosure of coercively obtained evidence for prosecution purposes. The sole mechanism for such disclosure is the court-supervised process under ss 43(4)-(5). The information-sharing power under s 67 cannot be used to circumvent an extant non-publication order. Exceptions to non-publication orders must specify with clarity and precision the persons (by sufficiently particularised class) and the manner of permitted publication.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
3 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.