High Court of Australia

Assistant Commissioner Michael James Condon v Pompano Pty Ltd [2013] HCA 7

87 ALJR 458; 295 ALR 638

14 Mar 2013

Case Number: B59/2012


French CJ, Hayne, Crennan, Kiefel, Bell, Gageler JJ


Constitutional law – Constitution, Ch III – Institutional integrity of State courts – Section 10(1) of Criminal Organisation Act 2009 (Q) ("Act") allowed Supreme Court of Queensland on application of commissioner of police service to declare organisation "criminal organisation" – Where criminal organisation application supported by "criminal intelligence" – Sections 66 and 70 of Act required closed criminal intelligence hearing with no notice given to respondents – Section 78(1) of Act required Supreme Court to close part of criminal organisation hearing when criminal intelligence considered – Whether provisions of Act denied procedural fairness to respondents to criminal organisation application – Whether provisions of Act repugnant to or inconsistent with continued institutional integrity of Supreme Court – Whether question of organisation being "unacceptable risk to the safety, welfare or order of the community" suitable for judicial determination – Whether ss 9 and 106 of Act prevented Supreme Court from extending time for respondents to file response to criminal organisation application.

Words and phrases – "closed hearing", "continued institutional integrity", "criminal intelligence", "criminal organisation", "procedural fairness", "unacceptable risk to the safety, welfare or order of the community".

Constitution – Ch III.

Criminal Organisation Act 2009 (Q) – ss 8-10, 63-66, 70, 71, 76-78, 80, 82, 106.

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