Page:AB (a pseudonym) v Independent Broad-based Anti-corruption Commission.pdf/14

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

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", that is, the text of the statute as a whole. 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. Neither the Court of Appeal nor any of the parties suggested that the extrinsic materials or legislative history of s 162 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