Confidentiality notices issued by the IBAC under s 42 of the IBAC Act that merely reproduce the statutory definition of 'restricted matter' from s 3 without identifying particular matters referable to the recipient or the investigation are invalid for failure to 'specify' restricted matters. The IBAC must identify restricted matters with definiteness, explicitness and sufficient connection to a particular investigation. The extent to which contextual materials (such as accompanying summonses) can cure deficiencies in the notice itself remains contested, with the majority holding that the notices in this case could not be saved by context.
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