Full Court Minute Books

Case M246/2015

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

Case No.


Case Information

Lower Court Judgment

30/09/2015 Supreme Court of Victoria (Court of Appeal) (Priest, Beach & Kaye JJA)

[2015] VSCA 271


Criminal law – Evidence – Confessions and admissions – Independent Broad-based Anti-corruption Commission Act 2011 (Vic) (‘IBAC Act’) ss 115, 120, 190 - Where person ‘A’ was allegedly assaulted by appellants at a police station – Where Victorian Police notified the Independent Broad-based Anti-corruption Commissioner (‘IBAC’) – Where IBAC commenced an investigation into appellants’ conduct and issued – summons to appellants requiring attendance at public examinations – Where appellants are under investigation by police in respect of criminal charges arising out of the same incident – Whether the power to examine persons conferred by the IBAC Act extends to persons who are the subject of a criminal investigation about the subject matter of that criminal investigation – Whether it is permissible to conduct compulsory examinations where IBAC may initiate a criminal prosecution for an offence in relation to any matter arising out of the IBAC investigation.

Short particulars


13/11/2015 Hearing (SLA, Canberra)

20/11/2015 Notice of appeal

11/12/2015 Written submissions (Appellants)

11/12/2015 Chronology (Appellants)

15/01/2016 Written submissions (Respondent)

22/01/2016 Reply

02/02/2016 Hearing (Full Court, Canberra) (Audio-visual recording)

10/03/2016 Judgment (Judgment summary)