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AB (a pseudonym) & CD (a pseudonym) v Independent Broad-based Anti-Corruption Commission [IBAC] [2022] VSCA 283

JUDICIAL REVIEW, WORDS AND PHRASES
Victorian Court of Appeal
Judge(s): 
Emerton P, Beach and Kyrou JJA
Parties: 

AB (a pseudonym) & CD (a pseudonym) v Independent Broad-based Anti-Corruption Commission [IBAC]

Judgment Date: 
15 December 2022
Catchwords: 

JUDICIAL REVIEW - Natural justice - Investigation by Independent Broad-based Anti corruption Commission - Preparation of draft special report - Common law natural justice obligations in course of investigation - Statutory natural justice obligations in seeking responses to adverse material in draft special report - Whether judge erred in finding Commission did not breach natural justice obligations - Whether judge misinterpreted meaning of 'adverse material' in Independent Broad-based Anti-corruption Commission Act 2011, s 162(3) - Application for leave to appeal refused.

WORDS AND PHRASES - 'Adverse material' - Independent Broad-based Anti-corruption Commission Act 2011, s 162(3).

Independent Broad-based Anti-corruption Commission Act 2011, ss 4, 8, 15, 42, 44, 51, 57, 59, 59A, 60, 116-120, 127, 132A, 133, 159, 162, 164, 166.

National Companies and Securities Commission v The News Corporation Ltd (1984) 156 CLR 296 applied; Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88, Coutts v Close [2014] FCA 19 considered.

Citation: