R & Anor v Independent Broad-Based Anti-Corruption Commissioner

The High Court of Australia considered an appeal by R and another party (the appellants) against a decision of the Independent Broad-Based Anti-Corruption Commissioner (the Commissioner). The dispute concerned the Commissioner's power to compel the production of documents and information under the *Integrity and Accountability Legislation Amendment Act 2012* (Vic). The appellants sought to challenge the validity of certain notices issued by the Commissioner.

The central legal issue before the High Court was whether the Commissioner had the power to issue notices requiring the production of documents and information that were subject to legal professional privilege. Specifically, the Court had to determine if the statutory provisions empowering the Commissioner to obtain information were intended to override the common law right to legal professional privilege.

The Court reasoned that the *Integrity and Accountability Legislation Amendment Act 2012* (Vic) did not contain sufficiently clear and unambiguous language to indicate an intention to abrogate the fundamental common law right of legal professional privilege. While acknowledging the broad investigative powers granted to the Commissioner, the Court held that such powers must be exercised subject to established legal rights, including privilege, unless Parliament has expressly or by necessary implication removed them. The Court applied the principle that statutory powers that interfere with fundamental common law rights are to be construed narrowly.

The appeal was allowed, and the notices issued by the Commissioner were declared invalid to the extent that they sought to compel the production of documents protected by legal professional privilege.