F v Crime and Corruption Commission

[2021] QCA 244

Queensland Court of Appeal

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Interrogate

Catchwords

1. Evidence
2. › Admissibility
3. › Exclusions: Privileges
4. › Public interest immunity
5. › Whether public interest immunity extends to journalist's confidential sources
6. › Whether 'public interest immunity' in s 192(2A)(b) Crime and Corruption Act 2001 (Qld) refers to common law concept
7. › Crime and Corruption Act 2001 (Qld), s 192(2A)(b)
1. Criminal Law
2. › Federal and State investigative authorities
3. › Queensland
4. › Crime and Corruption Commission
5. › Corruption investigation
6. › Compulsory examination of journalist
7. › Whether unfair to require journalist to answer source-identification questions
8. › Whether limited utility in questioning where source already identified for prosecution
9. › Crime and Corruption Act 2001 (Qld), ss 332(1)(a), 334(1)
1. Statutes
2. › Acts of Parliament
3. › Interpretation
4. › Crime and Corruption Act 2001 (Qld), s 15(1)
5. › Definition of corrupt conduct
6. › Whether paragraphs (a), (b) and (c) are cumulative requirements or discrete consequences
7. › Whether s 15(1)(b) requires a result separate from the relevant conduct
8. › Whether disclosure of information by police officer to journalist is corrupt conduct
1. Constitutional Law (Cth)
2. › Operation and effect of the Commonwealth Constitution
3. › Restrictions on Commonwealth and State legislation
4. › Rights and freedoms implied in Commonwealth Constitution
5. › Freedom of political communication
6. › Whether provisions compelling journalist to disclose confidential source impermissibly burden implied freedom
7. › Whether intermediate appellate court bound by decision of another intermediate appellate court on same question
8. › Crime and Corruption Act 2001 (Qld), ss 192, 196

Quick Take

Public interest immunity under s 192(2A)(b) of the Crime and Corruption Act 2001 (Qld) is confined to the common law concept protecting governmental documents or communications and does not extend to a journalist's confidential sources. Sections 192 and 196 of the Act, which compel answers at CCC hearings, do not impermissibly burden the implied constitutional freedom of political communication, following A v ICAC. The question of whether shield laws should protect journalist sources in Queensland remains a matter for Parliament.