Apache Northwest Pty Ltd v Agostini [No 2]

[2009] WASCA 231

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Procedural fairness
3. › Whether duty arises
4. › Investigation and report to Minister
5. › Non-statutory public functions and prerogative powers
6. › Whether report to Minister affects reputation so as to attract duty
7. › Petroleum Pipelines Act 1969 (WA), ss 62, 63
1. Administrative Law
2. › Procedural fairness
3. › Content of hearing rule
4. › Preliminary investigations and reports
5. › Whether decision-maker obliged to disclose draft report or adverse conclusions
6. › Whether opportunity to participate in investigation satisfies duty
7. › Distinction between disclosure of adverse material and disclosure of proposed conclusions
1. Administrative Law
2. › Procedural fairness
3. › Reputation as protected interest
4. › Whether communication to single Minister affects general reputation
5. › Distinction between general reputation and opinion of particular individual
6. › Responsible government and ministerial communications
1. Administrative Law
2. › Procedural fairness
3. › Breach
4. › Whether failure to provide draft report constitutes breach
5. › Whether party's refusal to participate in investigation relevant to breach
6. › Tactical decision not to engage with investigation process

Quick Take

Communication of a report to a Minister alone may not affect general reputation so as to attract procedural fairness obligations, particularly where the State's constitutional structure requires free flow of information between departments and Ministers. The content of procedural fairness in government investigations does not ordinarily extend to requiring disclosure of draft reports or proposed conclusions; it is satisfied by adequate notice of issues and an opportunity to make submissions. A party that makes a tactical decision to refuse to participate in an investigation, insisting on nothing less than provision of a draft report, cannot establish breach of procedural fairness where a reasonable opportunity to participate was offered.