The IBAC Act authorises the compulsory examination of persons who are the subject of an ongoing criminal investigation but who have not been charged with any offence, about the subject matter of that investigation. The critical distinction is between persons who have been charged (where clear and unambiguous statutory language may be required to authorise compulsory examination) and persons who are merely under investigation. The three pre-conditions in s 117(1) for public examinations are to be strictly construed, but the Commissioner's conclusions on exceptional circumstances and public interest are reviewable only for jurisdictional error, not on the merits.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
1 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.