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 1.1 Operation Wickenby  1.2 The objectives  1.3 The issues.

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Presentation on theme: " 1.1 Operation Wickenby  1.2 The objectives  1.3 The issues."— Presentation transcript:

1

2  1.1 Operation Wickenby  1.2 The objectives  1.3 The issues

3  From the summons to the witness box – preparing for the hearing  Chinese walls and the right to representation  Compulsory interrogation and the rules of procedural fairness  The statutory and common law requirements for investigations to be fair  Abrogation of the privilege against self incrimination  Possible prejudice to officers and directors arising from the compulsory examination of corporations

4  The differences in scope and effect between “use immunity”, “use/derivative use immunity” and “transactional immunity” and the hidden traps for clients  The requirements and limitations of pre-hearing disclosure  Challenging the legality of references  Defeating state claims to public interest immunity  Undercover operations and the “perjury trap”  Laying the groundwork for the exclusion of evidence at trial

5  2.1 The initial interview  2.2 Has jurisdiction been established?  2.3 The Notice to Attend  2.4 Challenging a reference  2.5 Relevance

6  3.1 Chinese Walls  3.2 Essential Questions Only  3.3 Fair Questioning  3.4 No rules of evidence  3.5 The role of counsel

7  4.1 An Example  4.2 Recanting perjury

8  5.1 Other protections  5.2 Whistleblowers Protection Act 1994 (Qld)

9  6.1 Relevance to the investigation of Organised Crime  6.2 Statutory modification ◦ The Commonwealth ◦ Queensland  6.3 Search warrants distinguished  6.4 Application to corporations  6.5 Application of the privilege to company directors

10  6.6 Application of the privilege out of court  6.7 Abrogation of the privilege  6.8 Implied retention of the privilege  Courts discretion to limit admissibility  Immunity ◦ personal immunity ◦ use immunity ◦ derivative use immunity

11  7.1 Australian Crime Commission  7.2 Crime and Misconduct Commission (CMC) ◦ Major crime investigation ◦ Claim of privilege ◦ Failure to comply ◦ Spousal Privilege ◦ Meaning of “Reasonable Excuse”

12  8.1 Ainsworth’s Case  8.2 The Legal Doctrine  8.3 The Twin Pillars  8.4 When does procedural fairness apply?  8.5 Content of procedural fairness

13 ◦ The bias rule ◦ Actual bias not required ◦ Pecuniary Interest ◦ Strong Personal Interest ◦ Statutory removal

14  8.5 Content of procedural fairness ◦ The hearing rule ◦ Statutory removal ◦ Adequate opportunity to present material ◦ The Queensland Experience

15  9.1 The Rule  9.2 A balancing test  9.3 Rationale for the Immunity  9.4 Relevance of material  9.5 Onus on party seeking secrecy


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