eligibility or assessment criteria. At the same time, the applicant was required not to take into account any extraneous or irrelevant purpose or consideration: Bell CJ and Meagher JA at [228]–[235]; Ward P at [343].
- Re Day (No 2) (2017) 263 CLR 201; [2017] HCA 14; R v Boston (1923) 33 CLR 386; [1923] HCA 59; Greiner v Independent Commission Against Corruption (1992) 28 NSWLR 125; Edge v Pensions Ombudsman [2000] Ch 602, considered.
As to (ix):
12. Having a conflicting private interest which is capable of influencing, and does influence, the exercise of a function or power is sufficient to constitute a "partial" exercise of the power under's 8(1)(b), and irrespective of whether the outcome of that exercise would not have been different in the absence of the private interest. This is consistent with the authorities that hold that a member of Parliament and Minister is to act in exercising public functions and powers "uninfluenced" by other considerations, and with "fidelity and with a single-mindedness for the welfare of the community": Bell CJ and Meagher JA at [246]–[257]; Ward P at [343].
- Re Day (No 2) (2017) 263 CLR 201; [2017] HCA 14; R v Boston (1923) 33 CLR 386; [1923] HCA 59; Wilkinson v Osborne (1915) 21 CLR 89; [1915] HCA 92; Greiner v Independent Commission Against Corruption (1992) 28 NSWLR 125; Macdonald v R; Obeid v R; Obeid v R (2023) 112 NSWLR 402; [2023] NSWCCA 250; Maitland v R (2019) 99 NSWLR 376; [2019] NSWCCA 32, considered.
As to (x):
13. Undertaking a comparison in determining whether a public official has engaged in partial conduct may assist in identifying preferences or advantages, depending on the nature of the power. It does not follow that such an approach should be mandatory. In the broad scope of circumstances to which the section might apply, there is no reason in the language of's 8(1)(b) or otherwise for construing the reference to "partial conduct" as confined only to treatment which is different from the treatment of other persons or things in "relevantly identical" circumstances: Bell CJ and Meagher JA at [262]–[264], [273]; Ward P at [343].
- Greiner v Independent Commission Against Corruption (1992) 28 NSWLR 125; Woodham v Independent Commission Against Corruption (1993) 30 ALD 390, considered.
As to (xi):
14. The present facts do not require the determination of the scope of the word "matter" in's 11 as each of the matters which are the subject of the relevant findings involved specific subject matter: Bell CJ and Meagher JA at [279], [290]; Ward P at [343].
As to (xii):
