Christopher v Independent Commission Against Corruption [2022] NSWCATAP 118

Christopher v Independent Commission Against Corruption [2022] NSWCATAP 118

The Appeal Panel held that the Tribunal did not err in its approach to excluded information. The statutory question is whether the information relates to ICAC's specified functions, not whether ICAC was discharging those functions or was instead engaging in lobbying, advocacy or media communication when the documents were created. Information concerning the impact of ICAC v Cunneen and subsequent validating or amending legislation on ICAC findings about the Cascade Coal directors could relate to ICAC's corruption prevention and investigative functions even if it also concerned the validity or limits of ICAC's powers. The Tribunal also did not err by failing to decide the s 111 ICAC Act...

Jurisdiction
Australia
Judgment Date
20 April 2022
Procedural Posture
Appeal From a Civil and Administrative Tribunal Administrative and Equal Opportunity Division Decision Concerning a Government Information (public Access) Act 2009 (nsw) Access Application / Appeal Panel Hearing; Leave to Appeal Sought on Grounds 3 to 7 and Appeal as of Right on Questions of Law
Outcome
Leave to appeal on the third to seventh grounds was refused and the appeal was dismissed.
Legal Topics
['excluded Information' 'icac Investigative and Corruption Prevention Functions' 'overriding Public Interest Against Disclosure' 'leave to Appeal' 'construction of the GIPA Act']
['administrative Law' 'government Information Access' 'anti Corruption Law'] ['excluded Information' 'icac Investigative and Corruption Prevention Functions' 'overriding Public Interest Against Disclosure' 'leave to Appeal' 'construction of the GIPA Act']

Case Brief

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Procedural Posture

Appeal From a Civil and Administrative Tribunal Administrative and Equal Opportunity Division Decision Concerning a Government Information (public Access) Act 2009 (nsw) Access Application / Appeal Panel Hearing; Leave to Appeal Sought on Grounds 3 to 7 and Appeal as of Right on Questions of Law

Legal Issues

  1. 1 ['Whether the Tribunal erred in finding that information sought from ICAC was excluded information under the GIPA Act.' "Whether information relating to alleged lobbying, advocacy or similar conduct by ICAC could relate to ICAC's specified functions for the purposes of the GIPA Act." 'Whether the Tribunal erred by not addressing submissions concerning s 111 of the ICAC Act.' 'Whether leave should be granted to challenge findings concerning categories 1-5, 7-9 and 12-14 of the access application.' 'Whether the Tribunal should have ordered disclosure, including by redaction of excluded information.']

Ratio Decidendi

The Appeal Panel held that the Tribunal did not err in its approach to excluded information. The statutory question is whether the information relates to ICAC's specified functions, not whether ICAC was discharging those functions or was instead engaging in lobbying, advocacy or media communication when the documents were created. Information concerning the impact of ICAC v Cunneen and subsequent validating or amending legislation on ICAC findings about the Cascade Coal directors could relate to ICAC's corruption prevention and investigative functions even if it also concerned the validity or limits of ICAC's powers. The Tribunal also did not err by failing to decide the s 111 ICAC Act...

Court Disposition

Leave to appeal on the third to seventh grounds was refused and the appeal was dismissed.

Orders

  • ['Leave to appeal on the third to seventh grounds is refused.' 'The appeal is dismissed.']