Why has this immigration officer not been charged with contempt of court?
Contempt in the face of the court is an act which has the tendency to interfere with or undermine the authority, performance or dignity of the courts or those who participate in their proceedings: Witham v Holloway (1995) 183 CLR 525 per McHugh J at 538-539. Disobeying a court order is a contempt of court: O’Shane v Channel Seven Sydney Pty Ltd [2005] NSWSC 1358. It's an offense punishable by imprisonment or a fine or both.
Two lawyers from the law firm Maurice Blackburn, Elizabeth O'Shea and Min Guo, were denied access by immigration officials to the high security "White" compound for three days in April to complete an inspection of its conditions, despite having obtained court orders, according to a report in The Sydney Morning Herald today.
The lawyers were pursuing a class action on behalf of people who have been injured or pregnant while in detention on Christmas Island during the past three years and suffered physical or psychological injury.
The department of immigration had demanded that the lawyers have a court order to inspect the whole centre. But when the lawyers arrived at the White compound, the regional manager for Christmas Island, Rebecca O'Reilly, refused to let them inspect the premises for “privacy’ and ‘security’ reasons - clearly clueless about DIBPs jurisdictional limits.
According to the report, while the lawyers from Maurice Blackburn remained on the island, their representatives returned to the Supreme Court in Melbourne to seek an urgent application for access to the compound.
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