Key Points:
There is no general principle that administrative
decision-makers cannot draw a conclusion about whether conduct
constitutes the commission of a criminal offence.
Can an administrative decision-maker find, as part of the
decision-making process, that a criminal offence has been
committed, even if there's been no criminal conviction? The
High Court has said "yes" (Australian Communications and
Media Authority v Today FM (Sydney) Pty Ltd [2015] HCA 7), in a
decision which shows that in some circumstances a decision-maker
can legitimately decide whether conduct involves the commission of
a criminal offence.
A prank phone call triggers an ACMA investigation
In what became a notorious incident, two of the presenters on
Today FM (Sydney) called King Edward VII Hospital in London, at
which the Duchess of Cambridge was an in-patient, pretending to be
members of the royal family. The subsequent conversation was
recorded and broadcast, without the consent of
