Gageler CJ
Gordon J
Edelman J
Steward J
Gleeson J
Jagot J
Beech-Jones J
10.
affected does not have to be given an opportunity to comment on every adverse piece of information, irrespective of its credibility, relevance or significance. However, "in the ordinary case where no problem of confidentiality arises an opportunity should be given to deal with adverse information that is credible, relevant and significant to the decision to be made".[1] At least in some contexts, the affected person must be given the opportunity to respond to such information obtained from third parties even if it was not expressly relied on, or proposed to be relied on, by the decision-maker.[2]
26 The nature of a decision-maker's powers and their capacity to affect a person's rights and interests not only bears upon the existence and informs the content of any duty of procedural fairness,[3] but also informs the proper construction of statutory provisions that create analogous rights and obligations in that "all statutes are construed … against a background of common law notions of justice and fairness".[4] IBAC is given broad and intrusive powers to gather evidentiary material during an investigation. It marshals that material in
- ↑ Kioa (1985) 159 CLR 550 at 629 per Brennan J, cited in Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88 ("Applicant VEAL") at 95 [15] per Gleeson CJ, Gummow, Kirby, Hayne and Heydon JJ and Saeed v Minister for Immigration and Citizenship (2010) 241 CLR 252 ("Saeed") at 256 [2] per French CJ, Gummow, Hayne, Crennan and Kiefel JJ. See also National Companies and Securities Commission v News Corporation Ltd (1984) 156 CLR 296 at 315–316 per Gibbs CJ; SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 at 161–162 [29] per Gleeson CJ, Kirby, Hayne, Callinan and Heydon JJ, quoting Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 at 591–592 per Northrop, Miles and French JJ.
- ↑ See Kioa (1985) 159 CLR 550 at 629 per Brennan J; Applicant VEAL (2005) 225 CLR 88 at 96–97 [18] per Gleeson CJ, Gummow, Kirby, Hayne and Heydon JJ.
- ↑ Annetts v McCann (1990) 170 CLR 596 at 598 per Mason CJ, Deane and McHugh JJ; Ainsworth (1992) 175 CLR 564 at 576 per Mason CJ, Dawson, Toohey and Gaudron JJ; Gribbles Pathology (Vic) Pty Ltd v Cassidy (2002) 122 FCR 78 at 100 [117] per Weinberg J.
- ↑ Kioa (1985) 159 CLR 550 at 609 per Brennan J. See also Italiano v Carbone [2005] NSWCA 177 at [80] per Basten JA.
