Gageler CJ
Gordon J
Edelman J
Steward J
Gleeson J
Jagot J
Beech-Jones J
8.
Adverse material and s 162(3)
21 The interpretation of s 162(3) of the IBAC Act must "begin with a consideration of the text itself",[1] that is, the text of the statute as a whole.[2] That said, ascertaining the meaning of the text requires a consideration of its context, which includes the general purpose and policy of a provision and, in particular, the mischief it is seeking to remedy.[3] Neither the Court of Appeal[4] nor any of the parties suggested that the extrinsic materials or legislative history of s 162[5] were of assistance in resolving the construction issue raised in this case.
22 The obligation imposed by s 162(2) is engaged where IBAC intends to include in a special report an "adverse finding" about a public body, whereas the obligation imposed by s 162(3) is engaged where IBAC intends to include in a special report a "comment or … opinion which is adverse to any person". The words "finding", "comment" and "opinion" are not defined in the IBAC Act. It is unnecessary to explore whether there is any substantial difference between those words in this context, as there is no doubt that each of them at least includes a
- ↑ Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27 ("Alcan") at 46 [47] per Hayne, Heydon, Crennan and Kiefel JJ. See also SAS Trustee Corporation v Miles (2018) 265 CLR 137 at 149 [20] per Kiefel CJ, Bell and Nettle JJ, 157 [41] per Gageler J, 162 [64] per Edelman J.
- ↑ Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 at 304 per Gibbs CJ, 320 per Mason and Wilson JJ.
- ↑ CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 at 408 per Brennan CJ, Dawson, Toohey and Gummow JJ; Alcan (2009) 239 CLR 27 at 47 [47] per Hayne, Heydon, Crennan and Kiefel JJ.
- ↑ AB [2022] VSCA 283 at [139] per Emerton P, Beach and Kyrou JJA.
- ↑ Section 162(2)–(4) in the above form were originally inserted in the IBAC Act as s 86(2)–(4) by s 9 of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012 (Vic), which took effect from 10 February 2013. Section 86 was renumbered as s 162 by s 298 of the Integrity and Accountability Legislation Amendment Act 2012 (Vic), which took effect from 11 February 2013.
