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CRIME AND CORRUPTION ACT 2001 - SECT 332
Judicial review of commission’s activities in relation to corrupt conduct
332 Judicial review of commission’s activities in relation to
corrupt conduct
(1) A person who claims— (a) that a
commission investigation into corrupt conduct is being conducted unfairly; or
(b) that the complaint or information on which a
commission investigation into corrupt conduct is being, or is about to be,
conducted does not warrant an investigation;
may apply to a Supreme Court
judge for an order in the nature of a mandatory or restrictive injunction
addressed to the commission.
(2) The judge may, on the commission’s
application, hear submissions from the commission relating to the
investigation in the absence of the person or the person’s lawyer.
(3) If
an application (the
"costs application" ) is made to the court by a person (the
"costs applicant" ) who has applied under subsection (1) , the court may order
that— (a) the commission indemnify the costs applicant for costs properly
incurred in the injunction proceeding, on the standard basis, from the time
the costs application was made; or
(b) a party to the injunction proceeding
is to bear only that party’s own costs of that proceeding, regardless of the
outcome.
(4) In considering the costs application, the court must have regard
to— (a) the financial resources of— (i) the costs applicant; or
(ii) any
person associated with the costs applicant who has an interest in the outcome
of the injunction proceeding; and
(b) whether the injunction proceeding
involves an issue that affects, or may affect, the public interest, in
addition to any personal right or interest of the costs applicant; and
(c)
whether the injunction proceeding discloses a reasonable basis for the
application under subsection (1) .
(5) The court may, at any time, on its own
initiative or on the application of the costs applicant or the commission,
revoke or vary, or suspend the operation of, an order made by it under this
section after having regard to— (a) any conduct of the costs applicant,
including a failure to diligently prosecute the injunction proceeding; or
(b)
any significant change affecting the matters mentioned in subsection (4) .
(6) Subject to this section, the rules of court applying to the awarding of
costs apply to the awarding of costs for the injunction proceeding.
(7) An
appeal may be brought from an order under subsection (3) or (5) to the Court
of Appeal, but only with the leave of that court.
(8) An application under
this section is to be heard in closed court.
(9) In this section—
"commission investigation into corrupt conduct" includes an investigation of a
matter mentioned in section 33 (2) .
"injunction proceeding" means an application under subsection (1) and a
proceeding on the application.
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