16 Evidence Summary > Outlines the ramifications for having deficiencies in evidence, particularly evidence that has been illegally or improperly obtained. Outlines proper procedures and methods for gathering evidence to ensure > the quality of that evidence. Overview 16.1 The PHWA and the Public Health and Wellbeing Regulations 2009 allow councils to make numerous decisions, including but not limited to: > decisions about the registration of premises; and > decisions about the range of enforcement mechanisms to implement in the event of a breach or likely breach. All decisions made under the PHWA or the Public Health and Wellbeing Regulations 2009 must be based upon evidence capable of supporting the decision. Evidence must be legally obtained and it must be of a sufficient quality to effectively enable its use. Evidence plays a critical role in establishing a case in court when prosecuting an offence and can be called upon when various decisions are reviewed and/or appealed. It is of utmost importance therefore that those responsible for investigating and obtaining evidence for the purposes of the PHWA (typically authorised officers) follow proper practice and procedures to ensure the validity of that evidence and therefore also the decisions upon which that evidence is based. This Chapter highlights the ramifications of deficiencies in evidence and provides guidance on proper procedures and methods for gathering evidence to ensure the quality of that evidence. 16.2 Deficiencies in evidence Deficiencies in evidence result from failures to abide by the rules of evidence. Of most relevance to the type of evidence obtained by authorised officers under the PHWA is the legality of that evidence. Illegally or improperly obtained evidence is evidence obtained by an authorised officer acting outside the scope of their powers or in breach of their powers. Where evidence has been obtained through unlawful or improper means, courts have a discretion whether or not to allow that evidence as being admissible in a proceeding27. Courts will tend to disallow illegally or improperly obtained evidence where the public interest in disallowing that evidence outweighs the use of that evidence. The effect of evidence being rendered inadmissible is that a prosecution upon which it depends may fail or a decision made on the basis of that evidence may be deemed invalid on a review or appeal of that decision. The High Court of Australia in R v Ireland (1970) CLR 321 per Barwick CJ at 335 and affirmed in 27 Bunning v Cross (1978) 141 CLR 54.
16 Evidence Summary > > 16.1 Outlines the ramifications for having deficiencies in evidence, particularly evidence that has been illegally or improperly obtained. Outlines proper procedures and methods for gathering evidence to ensure the quality of that evidence. Overview The PHWA and the Public Health and Wellbeing Regulations 2009 allow councils to make numerous decisions, including but not limited to: > > decisions about the registration of premises; and decisions about the range of enforcement mechanisms to implement in the event of a breach or likely breach. All decisions made under the PHWA or the Public Health and Wellbeing Regulations 2009 must be based upon evidence capable of supporting the decision. Evidence must be legally obtained and it must be of a sufficient quality to effectively enable its use. Evidence plays a critical role in establishing a case in court when prosecuting an offence and can be called upon when various decisions are reviewed and/or appealed. It is of utmost importance therefore that those responsible for investigating and obtaining evidence for the purposes of the PHWA (typically authorised officers) follow proper practice and procedures to ensure the validity of that evidence and therefore also the decisions upon which that evidence is based. This Chapter highlights the ramifications of deficiencies in evidence and provides guidance on proper procedures and methods for gathering evidence to ensure the quality of that evidence. 16.2 Deficiencies in evidence Deficiencies in evidence result from failures to abide by the rules of evidence. Of most relevance to the type of evidence obtained by authorised officers under the PHWA is the legality of that evidence. Illegally or improperly obtained evidence is evidence obtained by an authorised officer acting outside the scope of their powers or in breach of their powers. Where evidence has been obtained through unlawful or improper means, courts have a discretion whether or not to allow that evidence as being admissible in a proceeding27. Courts will tend to disallow illegally or improperly obtained evidence where the public interest in disallowing that evidence outweighs the use of that evidence. The effect of evidence being rendered inadmissible is that a prosecution upon which it depends may fail or a decision made on the basis of that evidence may be deemed invalid on a review or appeal of that decision. 27 The High Court of Australia in R v Ireland (1970) CLR 321 per Barwick CJ at 335 and affirmed in Bunning v Cross (1978) 141 CLR 54.
Public-health-and-wellbeing-guide.docx