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19 Torrens St Braddon
ACT 1612 || GPO Box 1989
Canberra ACT 2601
Telephone +61 2 6246 3788
Facsimilie +61 2 6248 0639
MR3509
20 November 2009
Law Council Labels Attack on High
Court Unwarranted and Unfounded
The Law Council has described as “extraordinary” a reported attack on the
High Court by Senator Steve Hutchins, the Chair of the Parliamentary Joint
Committee on the Australian Crime Commission.
Law Council President John Corcoran
said, “If accurately reported, his
comments reveal an alarming support for unchecked executive powers, and
they are particularly disappointing from a person charged with the oversight
of the powerful Australian Crime Commission.”
On 12 November, the High Court issued a decision striking down section 10
of the NSW Criminal Assets Recovery Act, which allows the NSW Crime
Commission to make an ex parte application (an application where the other
side is not heard)
to the Supreme Court for a restraining order over a
person’s assets.
The decision was
based on two simple principles.
First, a person should
have the opportunity to be heard before a decision is made which adversely
impacts on them.
Secondly, legislation which requires the court to act as little more than a
rubber stamp for the Executive will fall foul of the Constitution.
Senator Hutchins, in a speech to the Australian Federal Police Association,
reportedly
took issue with these principles, accusing the High Court of
acting "with a complete disregard for the interests of public order and
justice.”
Mr Corcoran said he hoped the Senator had been misquoted or quoted out
of context.
“Many of these measures, aimed at of tackling serious and organised crime,
have been introduced at the request of, and on the advice of, law
enforcement agencies, with little room allowed for voices of dissent or
caution,” Mr Corcoran said.
“I am not surprised that decisions like this
one made by the High Court
come as a shock to some lawmakers. However, I would hope that rather
than viewing the court’s decision as an affront, they would consider it a
chance for measured reflection and review,” Mr Corcoran concluded.
Media Contact:
Elenore Eriksson, Director Public Affairs
P. 02 6246 3716 || M. 0419 269 855
The Law Council of Australia exists to represent the legal
profession at the national level, to speak on behalf of its constituent
bodies on national issues, and to promote the administration of
justice, access to justice and general improvement of the law.
NEWS 
