Page:AB (a pseudonym) v Independent Broad-based Anti-corruption Commission.pdf/8

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

officer of CD and an employee of the public body. During the investigation, AB gave evidence to IBAC in a private examination.

6 On 6 December 2021, IBAC provided AB with a redacted version of its draft special report prepared under Pt 7 of the IBAC Act and requested his response by 20 December 2021 ("the Draft Report"). Part 4 of the Draft Report contained proposed findings adverse to AB (and others) in relation to the unauthorised access and disclosure of information and reasons for those findings. Part 5 of the Draft Report contained proposed findings adverse to the appellants (and others) in relation to the workplace culture of the public body and reasons for those findings.

7 On 12 December 2021, AB's solicitor replied to IBAC seeking an extension of time in which to respond, the transcript of his examination, transcripts of the examinations of other witnesses referred to in the Draft Report and copies of other documentary material relied upon to support the proposed adverse findings. On 14 December 2021, IBAC agreed to the extension of time and provided the transcript of AB's examination as well as copies of the documents shown to him during his examination. However, IBAC did not agree to provide the transcripts of the other witness examinations or the other requested documents.

8 In January 2022, AB commenced proceedings in the Supreme Court of Victoria. CD was later joined as a plaintiff. The appellants sought declaratory relief to the effect that IBAC had failed to comply with s 162(3) of the IBAC Act and an order, described as being "in the nature of prohibition" but in substance an injunction, restraining IBAC from transmitting the Draft Report to each House of Parliament and otherwise publishing it.