IBAC wins court case against The Age over gag order

Nekvapil said that IBAC had learnt about the impending story on Wednesday from one of the parties The Age had contacted for a right of reply earlier that day.

Thursday’s hearings were closed to the public after Nekvapil successfully argued that hearing the application for an injunction in public could reveal the very information IBAC was trying to keep under wraps.

Age acting editor Michael Bachelard leaving the Supreme Court of Victoria on Thursday.Credit:Paul Jeffers

“The affidavit itself might undermine the whole point of the proceeding, were it to be disclosed beyond what’s necessary,” he said.

Acting for The Age, lawyer Justin Quill said on Thursday the newspaper did not “in any way accept that these [suppression] orders are necessary, or the ultimate orders are necessary”, but agreed that moving to closed court would allow the matter to proceed.

Under the IBAC Act, a person who is sent a copy of a draft report is prohibited from disclosing information contained in that report. The offence is punishable by a 12-month jail term, a fine of $22,190, or both.

Loading

On Friday evening, IBAC released a statement saying no public examinations were held as part of the investigation as it did not meet the organisation’s thresholds to do so.

“When IBAC drafts a report arising from an investigation, relevant people involved in the investigation will be given an opportunity to respond to IBAC’s preliminary findings,” the statement said. “These responses must then be considered before IBAC finalises the report.”

“IBAC is committed to maintaining the confidentiality of investigations until a report is finalised.

“This natural justice process is critical. It would be quite unfair to these persons if preliminary findings or other private information were to become public. Reputations may be unfairly damaged, or witness welfare harmed. No public interest is served in preliminary findings being published. It is for such reasons that IBAC took the necessary step of seeking an injunction.

“IBAC recognises that the outcomes of our investigations are in the public interest, but it is critical our investigations are shared publicly only after all fair and proper processes have been followed.”

The Morning Edition newsletter is our guide to the day’s most important and interesting stories, analysis and insights. Sign up here.