AB (a pseudonym) v Independent Broad-based Anti-corruption Commission [2024] HCA 10

AB (a pseudonym) v Independent Broad-based Anti-corruption Commission [2024] HCA 10

'Adverse material' in s 162(3) refers to the evidentiary material said by IBAC to justify a 'comment or opinion which is adverse to any person.' Compliance with s 162(3) may require provision of the substance or gravamen of that material, not necessarily the material itself. The Court of Appeal erred in construing 'adverse material' as the adverse comments or opinions themselves.

Parties
Appellant: AB (a pseudonym); Appellant: CD; Respondent: Independent Broad-based Anti-corruption Commission
Jurisdiction
Australia
Judgment Date
13 March 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Procedural Fairness, Statutory Construction, Public Sector Investigations
Administrative Law Statutory Interpretation Procedural Fairness Statutory Construction Public Sector Investigations

Case Brief

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Parties

AB (a pseudonym)

Appellant

CD

Appellant

Independent Broad-based Anti-corruption Commission

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether 'adverse material' in s 162(3) of the Independent Broad-based Anti-corruption Commission Act 2011 (Vic) refers to proposed adverse comments/opinions or the evidentiary material upon which they are based
  2. 2 Whether provision of substance or gravamen of adverse material is sufficient to comply with s 162(3)
  3. 3 Whether relief is warranted where findings are unaffected by misconstruction

Ratio Decidendi

'Adverse material' in s 162(3) refers to the evidentiary material said by IBAC to justify a 'comment or opinion which is adverse to any person.' Compliance with s 162(3) may require provision of the substance or gravamen of that material, not necessarily the material itself. The Court of Appeal erred in construing 'adverse material' as the adverse comments or opinions themselves.

Court Disposition

Appeal allowed

Orders

  • Orders 1 and 4 made by the Court of Appeal of the Supreme Court of Victoria on 15 December 2022 set aside.
  • In place, application for leave to appeal granted.