The Ebner test for apprehended bias applies to ICAC investigations with appropriate modifications for the investigatory context: a fair-minded observer would be taken to know that the Commissioner may form tentative views and that not all communications with public officers will be disclosed. Communications between the ICAC Commissioner and the Executive advising on the relevance of ICAC evidence to other statutory decision-making processes do not, without more, establish a logical connection to pre-judgment on the substantive issues under investigation. A decision-maker's denials of having formed conclusions are relevant to apprehended bias, not merely actual bias.
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