Hagan v Independent Commission Against Corruption

The case of *Hagan v Independent Commission Against Corruption* concerned an application by Mr Hagan to disqualify the Independent Commission Against Corruption (ICAC) from continuing an investigation into his conduct. The application was heard by the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether there was a reasonable apprehension of bias on the part of the ICAC, such that it should be disqualified from continuing its investigation. This involved considering whether the ICAC's conduct in the course of its investigation gave rise to a perception that it was not impartial.

The Court of Appeal considered the principles of apprehended bias in administrative decision-making. It found that while the ICAC had a broad investigative mandate, its actions in the present case had created a perception of bias. The Court reasoned that the ICAC's conduct, particularly in relation to the handling of certain evidence and communications, could lead a fair-minded observer to conclude that the ICAC was predisposed against Mr Hagan. Consequently, the Court upheld the appeal in part, finding that the ICAC should be disqualified from continuing its investigation. The application for disqualification was declined by the Court of Appeal, but the application for leave to appeal was granted in part and the appeal was upheld.