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ARTICLE · 25 OCTOBER 2019

NSW Government Bulletin: Warnings and cautions for statutory requirements

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Any failure to strictly comply with relevant statutory requirements could lead to evidence being held inadmissible.

AustraliaLitigation, Mediation & Arbitration
Breellen Warry
Breellen Warry
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Warnings and cautions

A recent decision of the Land and Environment Court has served as a reminder to those exercising enforcement powers and functions to ensure that they:

  • act in accordance with their relevant delegation(s)
  • strictly comply with the statutory requirements relevant to the exercise of investigative functions.

Any failure to do so could lead to evidence being inadmissible and have the potential to derail a prosecution, as recently occurred in Port Macquarie-Hastings Council v Waite [2019] NSWLEC 146.

The judgment concerned the admissibility of a record of interview (ROI) conducted between the accused (Accused), and the prosecutor, Port Macquarie-Hastings Council (Council).

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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