AB (a pseudonym) & Anor v Independent Broad-based Anti-corruption Commission

The High Court of Australia considered an appeal concerning the Independent Broad-based Anti-corruption Commission (IBAC) and its powers. The appellants, identified as AB and another (Anor), sought to challenge decisions made by IBAC. The dispute centred on the scope of IBAC's investigative and coercive powers, particularly in relation to individuals who may be implicated by evidence gathered during investigations.

The central legal issue before the High Court was whether IBAC, in the course of its investigations, could compel the attendance and examination of individuals who were not the subject of a formal investigation but might possess relevant information. This involved an interpretation of the *Integrity and Accountability Legislation Amendment Act 2017* (Vic) and its impact on the powers conferred upon IBAC under the *Integrity and Accountability Legislation Amendment Act 2017* (Vic). Specifically, the Court had to determine the breadth of "relevant information" and the circumstances under which IBAC could exercise its coercive powers against individuals not formally designated as subjects of an investigation.

The Court reasoned that the legislative intent behind the amendments was to grant IBAC broad investigative powers to effectively combat corruption. It was held that IBAC's power to compel attendance and examination extended to any person from whom it might obtain information relevant to an investigation, regardless of whether that person was the subject of the investigation. The Court emphasised that the purpose of such powers was to facilitate thorough and comprehensive investigations, and a narrow interpretation would unduly fetter IBAC's ability to fulfil its statutory mandate. The principles of statutory interpretation favoured a broad construction of IBAC's powers to ensure its effectiveness.

The appeal was dismissed, with the High Court affirming the broad scope of IBAC's investigative powers as conferred by the relevant Victorian legislation.