In the federal court today, Southern Cross Austereo’s lawyers have argued that the ACMA has no power to make a criminal finding in the nurse prank call case.

“The courts are the place and the only place where determinations of criminal guilt can be made… The ACMA must wait until my client is dealt with – if it ever is dealt with – in the courts system,” SCA lawyer Bruce McClintock told the court.

The court action follows a preliminary report by the ACMA which asserts that the station breached the NSW Surveillance Devices Act by recording a conversation without consent, then broadcasting it.

McClintock argued that the ACMA has exceeded its powers by making a determination of criminal guilt.

Given that charges may never be laid, it would be “very puzzling” to think ACMA could make its own criminal finding, argued McClintock, in a hearing before Justice Richard Edmonds.

The prank call is currently being investigated by the federal police and SCA believes this is the correct jurisdiction for the matter.