AB (a pseudonym) v Independent Broad-based Anti-corruption CommissionCitation:[2024] HCA 10Before:Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJDate:13 Mar 2024Case Number:M63/2023Read more

AB (a pseudonym) v Independent Broad-based Anti-corruption CommissionCitation:[2024] HCA 10Before:Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJDate:13 Mar 2024Case Number:M63/2023Read more

Section 162(3) of the Independent Broad-based Anti-corruption Commission Act 2011 (Vic) requires that a person be given a reasonable opportunity to respond to the substance or gravamen of adverse material, not the underlying evidentiary material, and IBAC's actions satisfied this requirement.

Parties
Respondent: Independent Broad-based Anti-corruption Commission; Appellant: Unnamed appellants
Jurisdiction
Australia
Judgment Date
13 March 2024
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Procedural Fairness, Reasonable Opportunity to Respond, Adverse Findings, Statutory Construction
Administrative Law Statutory Interpretation Procedural Fairness Reasonable Opportunity to Respond Adverse Findings Statutory Construction

Case Brief

Summary, issues, holding and outcome

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Parties

Independent Broad-based Anti-corruption Commission

Respondent

Unnamed appellants

Appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether s 162(3) of the Independent Broad-based Anti-corruption Commission Act 2011 (Vic) requires provision of evidentiary material or only the substance of adverse material to affected persons
  2. 2 Whether the appellants were given a reasonable opportunity to respond to adverse material as required by statute
  3. 3 Whether substantive relief is warranted if findings are unaffected by misconstruction of s 162(3)

Ratio Decidendi

Section 162(3) of the Independent Broad-based Anti-corruption Commission Act 2011 (Vic) requires that a person be given a reasonable opportunity to respond to the substance or gravamen of adverse material, not the underlying evidentiary material, and IBAC's actions satisfied this requirement.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • No order as to costs.