Duncan v Independent Commission Against Corruption [2015] HCA 32

Duncan v Independent Commission Against Corruption [2015] HCA 32

Part 13 of Sched 4 to the ICAC Act validly deems acts done before 15 April 2015 to be legally valid if they would have been valid had the meaning of 'corrupt conduct' included conduct affecting the efficacy (but not the probity) of official functions; this constitutes a valid retrospective alteration of substantive law and does not contravene the Kable or Kirk principles or Ch III of the Constitution.

Parties
Applicant: Travers William Duncan; Respondent: Independent Commission Against Corruption
Jurisdiction
Australia
Judgment Date
09 September 2015
Procedural Posture
Constitutional Law/statutory Interpretation—challenge to Legislation / High Court—hearing and Judgment on Removed Question From NSW Court of Appeal
Outcome
Application dismissed
Legal Topics
Validity of Retrospective Legislation, Independent Commission Against Corruption Act 1988 (nsw), Kable Principle, Kirk Principle, Judicial Power, Legislative Validation
Constitutional Law Statutory Interpretation Administrative Law Validity of Retrospective Legislation Independent Commission Against Corruption Act 1988 (nsw) Kable Principle Kirk Principle Judicial Power +1 more

Case Brief

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Parties

Travers William Duncan

Applicant

Independent Commission Against Corruption

Respondent

Procedural Posture

Constitutional Law/statutory Interpretation—challenge to Legislation / High Court—hearing and Judgment on Removed Question From NSW Court of Appeal

Legal Issues

  1. 1 Whether Pt 13 of Sched 4 to the Independent Commission Against Corruption Act 1988 (NSW) is invalid
  2. 2 Whether Pt 13 impermissibly directs courts to treat as valid acts that remain invalid
  3. 3 Whether Pt 13 contravenes the Kable or Kirk principles or is incompatible with Ch III of the Constitution

Ratio Decidendi

Part 13 of Sched 4 to the ICAC Act validly deems acts done before 15 April 2015 to be legally valid if they would have been valid had the meaning of 'corrupt conduct' included conduct affecting the efficacy (but not the probity) of official functions; this constitutes a valid retrospective alteration of substantive law and does not contravene the Kable or Kirk principles or Ch III of the Constitution.

Court Disposition

Application dismissed

Orders

  • So much of proceeding number 2014/239426 as was pending in the NSW Court of Appeal as concerns grounds 1A, 1B and 1D and prayers 1, 2 and 4 of the Further Amended Draft Notice of Appeal dismissed.
  • Applicant pay respondent's costs of the proceedings in the High Court.