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NSW Parliamentary Witnesses Cite Court Ruling to Refuse Appearances

A NSW Court of Appeal decision invalidated arrest‑warrant powers, leading key witnesses to skip parliamentary inquiries. Fact check of related claims.

Nadia Okafor/3 min/GB

Political Correspondent

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The Sydney Morning Herald logo

Source: SmhOriginal source

– A December NSW Court of Appeal ruling struck down parts of the Parliamentary Evidence Act that allowed arrest warrants, and several witnesses have since refused to attend parliamentary inquiries.

Claim 1 – The NSW Court of Appeal ruled in December that provisions of the Parliamentary Evidence Act permitting arrest warrants were invalid because they impaired the court’s institutional integrity.

Evidence – The Court of Appeal declared century‑old sections of the 1901 Act incompatible with the Kable doctrine, which protects judicial independence. The judgment emphasized that the provisions undermined the judiciary’s institutional integrity.

Verdict – True.

Analysis – Both legal commentary and news reports confirm the court’s reasoning and the specific focus on institutional integrity, leaving no credible dispute.

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Claim 2 – James Cullen, chief of staff to NSW Premier Chris Minns, launched legal action in October to avoid appearing before an inquiry into the leak of confidential minutes about the proposed sale of Rosehill Racecourse.

Evidence – Reports detail that Cullen filed a challenge in October 2025 against a parliamentary summons related to the Rosehill Racecourse leak. The action sought to block his attendance at the inquiry.

Verdict – True.

Analysis – Multiple reputable sources corroborate Cullen’s October filing and its purpose, confirming the claim without contradiction.

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Claim 3 – Brigid Glanville, an external media consultant to the NSW Director of Public Prosecutions, did not attend an upper‑house inquiry into identity protections for court proceedings involving children.

Evidence – Committee records show Glanville declined to appear on several occasions, provided no written statement, and was not served a summons. The DPP director testified alone and acknowledged the court’s decision had been circulated to staff.

Verdict – True.

Analysis – The Guardian’s coverage and committee minutes consistently report Glanville’s non‑attendance, confirming the claim.

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The court’s decision has created a stalemate: witnesses cite the ruling to refuse summons, while the parliament struggles to regain enforcement powers. The Minns government faces pressure to amend the evidence laws, but Premier Chris Minns has said any change will wait for the High Court’s pending appeal, expected later in the year. Watch for the High Court’s ruling and any legislative amendments that could restore parliamentary subpoena powers.

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