D'Amore v Independent Commission Against Corruption

The case of *D'Amore v Independent Commission Against Corruption* concerned an appeal to the High Court of Australia by Mr D'Amore against a decision of the Independent Commission Against Corruption (ICAC). The dispute arose from an investigation conducted by the ICAC into allegations of corruption involving Mr D'Amore. The core of the appeal involved challenges to the legality of certain actions taken by the ICAC during its investigation.

The High Court was required to determine whether the ICAC had acted within its statutory powers when it issued certain notices and conducted investigations. Specifically, the court considered the scope of the ICAC's investigative powers under the relevant legislation, and whether those powers had been exercised in a manner that was consistent with the principles of administrative law, including the rule against bias and the requirement for procedural fairness. The interpretation of the *Independent Commission Against Corruption Act 1988* (NSW) was central to these determinations.

Bell and Gageler JJ found that the ICAC had exceeded its statutory authority in certain respects. Their Honours applied principles of statutory interpretation to ascertain the intended scope of the ICAC's powers, emphasising that such powers must be exercised within the confines of the legislation that grants them. The court considered the potential for bias in the conduct of investigations and the importance of ensuring that individuals subject to investigation are afforded procedural fairness. The appeal was allowed, and the orders made by the ICAC were quashed.