IBAC cuts ‘adverse’ finding in secret email investigation

Victoria’s anti-corruption watchdog faces new hurdles after High Court ruling.

Independent Broad-Based Anti-Corruption Commission (IBAC) paperwork (AAP Image/Julian Smith) NO ARCHIVING

IBAC has cut an adverse comment about a senior officer from a final report on an exhaustive and secretive investigation into the hacking and leaking of emails of a public body.

The anti-corruption commission’s decision to remove the section emerged as the High Court partly upheld an appeal from the officer and the body — neither of which can be identified because of legal orders — against an earlier judgement from the Victorian Court of Appeal.

In its finding on Wednesday, the High Court stated the investigation ran between 2019 and 2021 and involved examining “allegations of unauthorised access to, and disclosure of, internal emails accounts of a public body”.

The senior officer, identified only as AB, had waged a lengthy legal challenge to IBAC, claiming the watchdog had breached its legislation by failing to provide a reasonable opportunity to respond to adverse material.

“The Court also found that the Court of Appeal was correct to find that, subject to one exception, IBAC had complied with ... the Act,” the court ruled.

“That exception was the subject of an undertaking by IBAC to the Court that IBAC would not transmit to the Parliament ... a report containing the one adverse comment or opinion which failed to comply ... ”.

Senior sources familiar with IBAC’s operations said the High Court’s ruling was likely to expand and slow down the watchdog’s natural justice process.

The sources said that IBAC would now have to consider making more detailed evidence underpinning draft findings available to witnesses.

While IBAC’s decision to remove the adverse reference may now clear the path for the report to be tabled in parliament, it’s unclear when this could happen.

“IBAC is carefully reviewing the High Court decision to understand its operational implications,” a spokesperson told The Australian.