2.  1.1 Operation Wickenby  1.2 The objectives  1.3 The issues

3.  From the summons to the witness box – preparing for the hearing  Chinese walls and the right to representation  Compulsory interrogation and the rules of procedural fairness  The statutory and common law requirements for investigations to be fair  Abrogation of the privilege against self incrimination  Possible prejudice to officers and directors arising from the compulsory examination of corporations

4.  The differences in scope and effect between “use immunity”, “use/derivative use immunity” and “transactional immunity” and the hidden traps for clients  The requirements and limitations of pre-hearing disclosure  Challenging the legality of references  Defeating state claims to public interest immunity  Undercover operations and the “perjury trap”  Laying the groundwork for the exclusion of evidence at trial

5.  2.1 The initial interview  2.2 Has jurisdiction been established?  2.3 The Notice to Attend  2.4 Challenging a reference  2.5 Relevance

6.  3.1 Chinese Walls  3.2 Essential Questions Only  3.3 Fair Questioning  3.4 No rules of evidence  3.5 The role of counsel

7.  4.1 An Example  4.2 Recanting perjury

8.  5.1 Other protections  5.2 Whistleblowers Protection Act 1994 (Qld)

9.  6.1 Relevance to the investigation of Organised Crime  6.2 Statutory modification ◦ 6.2.1 The Commonwealth ◦ 6.2.2 Queensland  6.3 Search warrants distinguished  6.4 Application to corporations  6.5 Application of the privilege to company directors

10.  6.6 Application of the privilege out of court  6.7 Abrogation of the privilege  6.8 Implied retention of the privilege  6.9.1 Courts discretion to limit admissibility  6.9.2 Immunity ◦ personal immunity ◦ use immunity ◦ derivative use immunity

11.  7.1 Australian Crime Commission  7.2 Crime and Misconduct Commission (CMC) ◦ 7.2.1 Major crime investigation ◦ 7.2.2 Claim of privilege ◦ 7.2.3 Failure to comply ◦ 7.2.4 Spousal Privilege ◦ 7.2.5 Meaning of “Reasonable Excuse”

12.  8.1 Ainsworth’s Case  8.2 The Legal Doctrine  8.3 The Twin Pillars  8.4 When does procedural fairness apply?  8.5 Content of procedural fairness

13. ◦ 8.5.1 The bias rule ◦ 8.5.2 Actual bias not required ◦ 8.5.3 Pecuniary Interest ◦ 8.5.4 Strong Personal Interest ◦ 8.5.5 Statutory removal

14.  8.5 Content of procedural fairness ◦ 8.5.6 The hearing rule ◦ 8.5.7 Statutory removal ◦ 8.5.8 Adequate opportunity to present material ◦ 8.5.9 The Queensland Experience

15.  9.1 The Rule  9.2 A balancing test  9.3 Rationale for the Immunity  9.4 Relevance of material  9.5 Onus on party seeking secrecy