Collins and Gray on 'SDCV v Director-General of Security: Procedural Fairness and the Ability to Decide a Matter Based on Secret Evidence Not Disclosed to a Party or their Legal Team’

Professor Pauline Collins and Professor Anthony Gray of the University of Southern Queensland School of Law and Justice have published a new article titled: 'SDCV v Director-General of Security: Procedural Fairness and the Ability to Decide a Matter Based on Secret Evidence Not Disclosed to a Party or their Legal Team’.  The article appears in Volume 98(1) of the Australian Law Journal.  Here is the abstract:

"With changes afoot in the judges sitting on the High Court later in 2023, this article addresses a hope for a future change enabling greater protection of fundamental rights of an individual to know the accusations and evidence against them. The decision in 'SDCV', by a slim majority of one, validated the challenged law in section 46(2) of the 'Administrative Appeals Tribunal Act 1975' (Cth). This precluded the right of SDCV or his legal team from knowledge of the evidence against him. This article documents the decision and reasoning of the High Court in this case. It sets forth the basis for concern in such national security situations."