Page:AB (a pseudonym) v Independent Broad-based Anti-corruption Commission.pdf/13

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

special report is to be given to the relevant Minister and the Secretary to the Department of Premier and Cabinet.

19 Section 162(2)–(4) provide:

""(2) If the IBAC intends to include in a report under this section adverse findings about a public body, the IBAC must give the relevant principal officer of that public body an opportunity to respond to the adverse material and fairly set out each element of the response in its report.

(3) If the IBAC intends to include in a report under this section a comment or an opinion which is adverse to any person, the IBAC must first provide the person a reasonable opportunity to respond to the adverse material and fairly set out each element of the response in its report.

(4) If the IBAC intends to include in a report under this section a comment or an opinion about any person which is not adverse to the person, the IBAC must first provide that person with the relevant material in relation to which the IBAC intends to name that person." (emphasis added)"

20 Similar obligations are imposed on IBAC where it intends to include an adverse comment or opinion in its annual report for a financial year prepared under Pt 7 of the Financial Management Act 1994 (Vic). Section 166 of the IBAC Act provides that, subject to certain exceptions, any person who receives a proposed report, an advance copy of a report, a draft report, part of a proposed report or information contained in any such drafts or reports prior to publication must not disclose any information contained therein.