Judicial review of commission’s activities in relation to corrupt conduct
332 Judicial review of commission’s activities in relation to corrupt conduct
A person who claims—
that a commission investigation into corrupt conduct is being conducted unfairly; or
that the complaint or information on which a commission investigation into corrupt conduct is being, or is about to be, conducted does not warrant an investigation;
may apply to a Supreme Court judge for an order in the nature of a mandatory or restrictive injunction addressed to the commission.
The judge may, on the commission’s application, hear submissions from the commission relating to the investigation in the absence of the person or the person’s lawyer.
If an application (the costs application) is made to the court by a person (the costs applicant) who has applied under subsection (1), the court may order that—
the commission indemnify the costs applicant for costs properly incurred in the injunction proceeding, on the standard basis, from the time the costs application was made; or
a party to the injunction proceeding is to bear only that party’s own costs of that proceeding, regardless of the outcome.
In considering the costs application, the court must have regard to—
the financial resources of—
the costs applicant; or
any person associated with the costs applicant who has an interest in the outcome of the injunction proceeding; and
whether the injunction proceeding involves an issue that affects, or may affect, the public interest, in addition to any personal right or interest of the costs applicant; and
whether the injunction proceeding discloses a reasonable basis for the application under subsection (1).
The court may, at any time, on its own initiative or on the application of the costs applicant or the commission, revoke or vary, or suspend the operation of, an order made by it under this section after having regard to—
any conduct of the costs applicant, including a failure to diligently prosecute the injunction proceeding; or
any significant change affecting the matters mentioned in subsection (4).
Subject to this section, the rules of court applying to the awarding of costs apply to the awarding of costs for the injunction proceeding.
An appeal may be brought from an order under subsection (3) or (5) to the Court of Appeal, but only with the leave of that court.
An application under this section is to be heard in closed court.
In this section—commission investigation into corrupt conduct includes an investigation of a matter mentioned in section 33(2).injunction proceeding means an application under subsection (1) and a proceeding on the application.
This Act’s bill:Explanatory memorandum
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