Duncan v Independent Commission Against Corruption

The case of *Duncan v Independent Commission Against Corruption* concerned an application for judicial review of a decision by the Independent Commission Against Corruption (ICAC) to issue a notice under section 15 of the *Independent Commission Against Corruption Act 1988* (NSW) requiring the applicant, Mr. Duncan, to attend an examination. Mr. Duncan sought to challenge the lawfulness of this notice.

The central legal issue before Gageler J was whether the ICAC had acted lawfully in issuing the section 15 notice. Specifically, the court had to determine if the ICAC had a reasonable suspicion that Mr. Duncan had been or might be able to give information relevant to an investigation into corrupt conduct, as required by the Act. This involved an examination of the scope of the ICAC's investigative powers and the threshold for issuing such a notice.

Gageler J reasoned that the ICAC's power to issue a section 15 notice is not confined to situations where the ICAC has formed a reasonable suspicion that the person to be examined has themselves engaged in corrupt conduct. Rather, the power extends to compelling attendance for examination where there is a reasonable suspicion that the person may be able to give information relevant to an investigation into corrupt conduct, irrespective of whether that person is suspected of involvement in the conduct. His Honour found that the material before the ICAC was sufficient to ground a reasonable suspicion that Mr. Duncan could provide relevant information, and therefore the notice was lawfully issued.

The application for judicial review was dismissed.