“In December, the NSW Court of Appeal ruled that provisions of the Parliamentary Evidence Act allowing arrest warrants were invalid because they impaired the court's institutional integrity.”

Media reportsNews reportMay 6, 2026Read the original

Background in coverage of NSW parliamentary inquiries.

Our verdict

True

In Cullen v President of the Legislative Council [2025] NSWCA 278, the court held sections 7 to 9 invalid.

What we found

The court found that requiring a judge to issue a warrant on a presiding officer's certificate breached the Kable principle protecting state courts' institutional integrity. The case began when the premier's chief of staff refused a summons. The High Court granted special leave to appeal. The claim is accurate.

The evidence

1 of 2 sources support the claim; none contradict it.

Contradict 0Support 1Background 1

Supports the claim
The premier's key adviser upended a century-old witness law. [1]
Background
The Law Society notes there is at present no valid coercive power to compel attendance. [2]

How we checked

We checked the claim against AAP, Law Society of NSW. We reviewed 2 relevant sources.

Sources

[1]AAP · Premier's key advisor upends century-old witness law
[2]Law Society of NSW · Letter on Parliamentary Evidence Amendment (Attendance of Witnesses) Bill 2026

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