Page:AB (a pseudonym) v Independent Broad-based Anti-corruption Commission.pdf/11

Gageler CJ Gordon J Edelman J Steward J Gleeson J Jagot J Beech-Jones J

prevention of such conduct and assisting in improving the capacity of the public sector to prevent such conduct. The definition of "corrupt conduct" is extensive, but it suffices to state that it includes conduct of a public officer or public body that constitutes the dishonest performance of their functions or conduct of any person that adversely affects the honest performance of those functions, provided that such conduct constitutes a "relevant offence" (which includes any indictable offence committed against an Act). IBAC's functions also include reporting on, and making recommendations as a result of, the performance of its duties and functions.

15 IBAC may conduct a preliminary inquiry for the purpose of determining whether to dismiss, refer or investigate a complaint or notification made under the IBAC Act. For the purposes of a preliminary inquiry, IBAC can compel the relevant principal officer of a public body to provide information or produce documents or other things. If, following a preliminary inquiry, IBAC suspects on reasonable grounds that the relevant conduct constitutes corrupt conduct, then it may conduct an investigation.

16 IBAC's powers in relation to an investigation include the compulsory examination of witnesses and production of documents or other things to IBAC.