Gageler CJ
Gordon J
Edelman J
Steward J
Gleeson J
Jagot J
Beech-Jones J
6.
Other than in very limited circumstances, witness examinations are not open to the public.[1] Unless the hearing is held in public, only the witness, the legal representatives of the witness and IBAC and such other persons that IBAC or the IBAC Act has directed or authorised to attend may be present during the examination.[2] A witness is not excused from disclosing information during an examination by reason of secrecy provisions imposed by any enactment or rule of law[3] or any potential for them to incriminate themselves or expose themselves to a penalty,[4] although, with certain exceptions, that disclosure is not admissible against them before any court or person acting judicially.[5]
17 IBAC is given the power to issue confidentiality notices during an investigation in relation to "restricted matters" the disclosure of which it considers, on reasonable grounds, would be likely to prejudice its investigation, the safety or reputation of a person or the fair trial of a person charged with a (criminal) offence.[6] A similar power can be exercised during a preliminary inquiry.[7]
18 Part 7 of the IBAC Act is entitled "[r]ecommendations, actions and reports". After conducting an investigation, IBAC may take a number of steps including making a referral to other bodies, recommending further action or transmitting a special report to each House of Parliament.[8] Section 162(1) empowers IBAC to cause a special report to be transmitted to each House of Parliament "on any matter relating to the performance of its duties and functions". An advance copy of the
