Victoria’s anti-corruption watchdog challenged in High Court over ‘super secret’ report

A court challenge has been launched into a secret IBAC probe in a move that could have far-reaching implications for its future work.

The High Court challenge could have far-reaching implications. Picture: Supplied

Victoria’s anti-corruption watchdog is being challenged in the High Court in a move that could have far-reaching implications for its future work.

The Herald Sun can reveal a High Court challenge has been launched in relation to a super secret probe by the Independent Broad-based Anti-corruption Commission.

Longstanding court gag orders prevent publishing who has brought the challenge or what it involves, but the matter is understood to involve a major union.

IBAC has been blocked from releasing a report following a major investigation in which it makes a series of adverse findings about a major Victorian public figure.

But a key subject of the inquiry is challenging the way in which IBAC sought their response to the draft report and has accused the commission of denying them procedural fairness.

The High Court challenge follows a failed Supreme Court tilt and subsequent appeal.

At the heart of the case is whether IBAC must give those subject to adverse findings a reasonable opportunity to respond only to comments or opinions contained in a draft report, or also to evidentiary material on which those comments or opinions are based.

The High Court last month granted special leave to appeal, with written submissions due in November. It means the case may not be heard by the court until next year. Legal sources familiar with the case said a High Court ruling could have significant implications for IBAC in the way it releases future draft reports.

It could force the government to consider legislative changes to address the issue.

The report is one of two known reports IBAC has been blocked from releasing.

The other involves an investigation into the militant United Firefighters Union which is now expected to be released early next year. It is understood it began after a complaint was lodged with IBAC by the state opposition alleging misconduct on the part of the government in its dealings with the union.

Conversations with members of the government and its support for the ALP form part of the investigation material, and are understood to be key to the probe.

The Herald Sun has been told senior government MPs including Daniel Andrews emerged as figures of interest during the investigation.