D'Amore v Independent Commission Against Corruption

The case of *D'Amore v Independent Commission Against Corruption* involved an appeal to the Court of Appeal of New South Wales concerning allegations of corrupt conduct. The appellant, Ms. D'Amore, challenged a decision made by the Independent Commission Against Corruption (ICAC).

The primary legal issues before the Court of Appeal were whether the ICAC had committed jurisdictional error in its findings, particularly in relation to the interpretation of "sitting day relief entitlements" and the scope of its duty to provide reasons. The court was required to determine if the ICAC had properly considered relevant factors and correctly construed the legislation governing the entitlements.

The Court of Appeal applied established principles of administrative law concerning jurisdictional error, drawing on High Court authority. The court emphasised that jurisdictional error occurs when a decision-maker fails to form the opinion required by the relevant legislation, for instance, by taking into account irrelevant considerations or misconstruing the legislation. The court also considered whether a decision lacked a basis in the evidence or was contrary to the overwhelming weight of material, which could also constitute jurisdictional error. In this instance, the court found that the ICAC's reasoning, based on Ms. D'Amore's evidence and the language of the forms she signed, was not illogical or irrational, and that she could not credibly claim not to have understood the "Member's declaration" she signed.

The Court of Appeal granted leave to appeal but ultimately dismissed the appeal, ordering that Ms. D'Amore pay the costs of the proceedings.