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NSW court strikes down century-old law letting committees arrest witnesses, citing separation of powers.
The New South Wales Court of Appeal has invalidated century-old laws allowing parliamentary committees to compel witnesses with arrest threats, ruling the practice violated the separation of powers.
The decision, stemming from a challenge by Premier Chris Minns’ chief-of-staff James Cullen, found that requiring judges to issue warrants based on parliamentary certificates gave the executive undue influence over the judiciary.
The court noted no other Australian jurisdiction uses such a system.
As a result, committees can no longer enforce testimony through legal coercion, relying instead on voluntary cooperation.
The ruling marks a major shift in NSW’s oversight mechanisms and has sparked debate over government accountability.
El tribunal de Nueva Gales del Sur anula una ley centenaria que permite a los comités arrestar a los testigos, citando la separación de poderes.