R v Independent Broad-based Anti-corruption Commissioner [2016] HCA 8

HIGH COURT OF AUSTRALIA

FRENCH CJ, KIEFEL, BELL, GAGELER, KEANE, NETTLE AND GORDON JJ

R & ANOR APPELLANTS

AND

THE INDEPENDENT BROAD-BASED ANTI- CORRUPTION COMMISSIONER RESPONDENT

R v Independent Broad-based Anti-corruption Commissioner [2016] HCA 8 10 March 2016 M246/2015

ORDER

1. Appeal dismissed with costs.

2. Order 2 of the orders of French CJ and Keane J made on 13 November 2015 be vacated.

On appeal from the Supreme Court of Victoria

Representation

D Grace QC with O P Holdenson QC for the appellants (instructed by Tony Hargreaves & Partners)

R M Niall QC, Solicitor-General for the State of Victoria with E W Woodward SC and J M Davidson for the respondent (instructed by Independent Broad-based Anti-corruption Commission)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

R v Independent Broad‑based Anti‑corruption Commissioner

Statutory interpretation – Independent Broad‑based Anti‑corruption Commission Act 2011 (Vic) ("IBAC Act") – Investigation by Independent Broad-based Anti‑corruption Commission into allegations of assault and human rights violations by officers of Victoria Police – Where appellants were police officers suspected of involvement in alleged assault – Where appellants summoned to give evidence at public examination – Whether power to hold examination under Pt 6 of IBAC Act exercisable in relation to persons who have not been, but may be, charged with offence relating to subject matter of examination.

Statutory interpretation – Common law rights – Whether s 144 of IBAC Act abrogates privilege against self‑incrimination.

Words and phrases – "abrogate", "companion principle", "compulsory examination", "police personnel misconduct", "principle of legality", "privilege against self‑incrimination".