Dane Luo

In Sofronoff v ACT Integrity Commission, a former Queensland judge, Walter Sofronoff KC, is seeking judicial review of findings made by the Australian Capital Territory (ACT) Integrity Commission (Commission) that he engaged in ‘serious corrupt conduct’. As the Commission’s findings are set out in a report tabled in the ACT Legislative Assembly (Assembly), the Commission argues that judicial review of its findings would contravene parliamentary privilege.

This issue is not unique to the ACT. Indeed, all Commonwealth and State legislation establishing integrity or anti-corruption bodies include provisions that provide for its reports to be delivered to the presiding officers or clerks of the Houses of Parliament to be formally tabled to those Houses. The argument is that, because reports are prepared for tabling to Parliament and are required to be tabled in Parliament, the making and contents of those reports attract parliamentary privilege. This post explains the factual background in Sofronoff and critically evaluates the Commission’s argument. It argues that the report is a ‘proceeding of Parliament’ and can thus be protected from actions such as defamation. However, it argues that the legislative provisions for parliamentary privilege should be read purposively so that they do not preclude judicial review of the report.

William Partlett

In February 2024, the High Court held in AB v IBAC [2024] HCA 10 that individuals facing an ‘adverse’ finding in a report issued by Victoria’s anti-corruption commission, the Independent Broad-Based Anti-Corruption Commission (‘IBAC’), must be given broad access to the evidentiary material that justified that finding. In response, commentators have worried that this kind of ruling would damage the public interest, slowing down the release of anti-corruption reports while individuals litigate their ability to adequately respond to allegations.

Ryan Feuerherdt

Heading into the final weeks of the 2022 federal election campaign, it was difficult to avoid the extensive discussion devoted to the issue of government accountability and integrity.

The failure of Scott Morrison’s Coalition government to implement an anti-corruption body was successfully targeted by the Australian Labor Party, the Greens, as well as the various ‘teal independents’, throughout the campaign.