Full Court Minute Books

Case M63/2023

AB (a pseudonym) & Anor v. Independent Broad-based Anti-corruption Commission

Case No.

Case no M63/2023

Case Information

Lower Court Judgment

15/12/2022 Supreme Court of Victoria (Court of Appeal) (Emerton P, Beach & Kyrou JJA)

[2022] VSCA 283


Administrative law – Natural justice – Procedural fairness – Meaning of “adverse material” – Reasonable opportunity to respond to “adverse material” – Where first appellant senior officer of second appellant, a non-governmental body – Where between 2019 and 2021, respondent, Independent Broad-based Anti-corruption Commission (“IBAC”), conducted investigation – Where AB gave evidence in private examination conducted by IBAC – Where IBAC prepared draft special report containing adverse comments and opinions relating to appellants –  Where IBAC provided redacted draft reports to appellants seeking response – Where IBAC agreed to provide transcripts of AB’s examination but not transcript of other witnesses – Where Independent Broad-based Anti-corruption Commission Act 2011 (Vic) contains procedural fairness protections in ss 162(2)-(4) regarding adverse findings about public bodies – Where AB commenced proceeding in Trial Division of Supreme Court of Victoria seeking judicial review remedies in relation to draft report on basis of infringement of natural justice – Where CD added to AB’s proceedings against IBAC seeking same relief – Where appellants were unsuccessful at trial, and on appeal in Victorian Court of Appeal – Whether Court of Appeal erred in concluding that “adverse material” in s 162(3) of Independent Broad-based Anti-corruption Commission Act 2011 (Vic) refers only to comments or opinions contained in draft report that are adverse to person, and not evidentiary material on which such comments or opinions are based.


11/08/2023 Hearing (SLA, Canberra by video-connection)

25/08/2023 Notice of appeal

23/10/2023 Redacted written submissions (Appellants)

19/10/2023 Redacted chronology (Appellants)

30/10/2023 Amended written submissions (Respondent)

10/11/2023 Reply

07/12/2023 Hearing (Full Court, Canberra) (Audio-visual recording)

07/12/2023 Outline of oral argument (Appellants)

07/12/2023 Outline of oral argument (Respondent)

13/03/2024 Judgment (Judgment summary)