Cox v Corruption and Crime Commission

[2008] WASCA 199

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › Corruption and anti-corruption commissions
5. › Investigative body forming opinions as to misconduct
6. › Whether facts found capable of constituting misconduct
7. › Whether commission exceeded statutory jurisdiction
8. › Corruption and Crime Commission Act 2003 (WA), s 4(d)(ii), (vi)
1. Administrative Law
2. › Judicial review
3. › Relevant and irrelevant considerations
4. › Mandatory relevant considerations
5. › Whether commission bound to take into account work history of public officer
6. › Implication from subject matter, scope and purpose of statute
7. › Corruption and Crime Commission Act 2003 (WA), s 22
1. Administrative Law
2. › Judicial review
3. › Procedural fairness
4. › Notice of adverse findings
5. › Whether notice adequately particularised proposed findings
6. › Whether use of different terminology in report constituted denial of procedural fairness
7. › Corruption and Crime Commission Act 2003 (WA), s 86
1. Administrative Law
2. › Judicial review
3. › Standard of review of investigative body
4. › Reports of investigative commission with no operative legal effect
5. › Whether reports to be scrutinised as if reasons for decision of determinative tribunal
6. › Corruption and Crime Commission Act 2003 (WA), ss 22, 84

Quick Take

Reports of the WA Corruption and Crime Commission, being investigative opinions with no operative legal effect, are not to be scrutinised on judicial review as if they were reasons for decision of a determinative tribunal. The standard for establishing jurisdictional error in CCC misconduct findings requires showing that no reasonable person could have reached the CCC's conclusion. The CCC is not required to take into account a public officer's work history when forming opinions about specific instances of misconduct. Certiorari is not available to quash CCC reports, but declaratory relief may be granted where the report injures reputation.