(1) There is constituted by this Act a corporation with the corporate name of the Independent Commission Against Corruption.
(1) Corrupt conduct is:
(a) any conduct of any person (whether or not a public official) that adversely affects, or that could adversely affect, either directly or indirectly, the honest or impartial exercise of official functions by any public official, any group or body of public officials or any public authority, or (b) any conduct of a public official that constitutes or involves the dishonest or partial exercise of any of his or her official functions, or (c) any conduct of a public official or former public official that constitutes or involves a breach of public trust, or (d) any conduct of a public official or former public official that involves the misuse of information or material that he or she has acquired in the course of his or her official functions, whether or not for his or her benefit or for the benefit of any other person. (2) Corrupt conduct is also any conduct of any person (whether or not a public official) that adversely affects, or that could adversely affect, either directly or indirectly, the exercise of official functions by any public official, any group or body of public officials or any public authority and which could involve any of the following matters:
(a) official misconduct (including breach of trust, fraud in office, nonfeasance, misfeasance, malfeasance, oppression, extortion or imposition), (b) bribery, (c) blackmail, (d) obtaining or offering secret commissions, (e) fraud, (f) theft, (g) perverting the course of justice, (h) embezzlement, (i) election bribery, (j) election funding offences, (k) election fraud, (l) treating, (m) tax evasion, (n) revenue evasion, (o) currency violations, (p) illegal drug dealings, (q) illegal gambling, (r) obtaining financial benefit by vice engaged in by others, (s) bankruptcy and company violations, (t) harbouring criminals, (u) forgery, (v) treason or other offences against the Sovereign, (w) homicide or violence, (x) matters of the same or a similar nature to any listed above, (y) any conspiracy or attempt in relation to any of the above.
(1) Despite section 8, conduct does not amount to corrupt conduct unless it could constitute or involve:
(a) a criminal offence, or (b) a disciplinary offence, or (c) reasonable grounds for dismissing, dispensing with the services of or otherwise terminating the services of a public official, or (d) in the case of conduct of a Minister of the Crown or a member of a House of Parliament—a substantial breach of an applicable code of conduct. (2) It does not matter that proceedings or action for such an offence can no longer be brought or continued, or that action for such dismissal, dispensing or other termination can no longer be taken.
(1) Any person may make a complaint to the Commission about a matter that concerns or may concern corrupt conduct.
(1) This section applies to the following persons:
(a) the Ombudsman, (b) the Commissioner of Police, (c) the principal officer of a public authority, (d) an officer who constitutes a public authority, (e) a Minister of the Crown. (2) A person to whom this section applies is under a duty to report to the Commission any matter that the person suspects on reasonable grounds concerns or may concern corrupt conduct. (2A) Despite subsection (2), the Commissioner of Police is not under a duty to report to the Commission any matter that concerns or may concern corrupt conduct of a police officer or administrative officer (within the meaning of the ) unless the Commissioner of Police suspects on reasonable grounds that the matter also concerns or may concern corrupt conduct of another public official. Police Integrity Commission Act 1996
(1) The principal functions of the Commission are as follows:
(a) to investigate any allegation or complaint that, or any circumstances which in the Commission’s opinion imply that:
(i) corrupt conduct, or (ii) conduct liable to allow, encourage or cause the occurrence of corrupt conduct, or (iii) conduct connected with corrupt conduct, may have occurred, may be occurring or may be about to occur, (b) to investigate any matter referred to the Commission by both Houses of Parliament, (c) to communicate to appropriate authorities the results of its investigations, (d) to examine the laws governing, and the practices and procedures of, public authorities and public officials, in order to facilitate the discovery of corrupt conduct and to secure the revision of methods of work or procedures which, in the opinion of the Commission, may be conducive to corrupt conduct, (e) to instruct, advise and assist any public authority, public official or other person (on the request of the authority, official or person) on ways in which corrupt conduct may be eliminated, (f) to advise public authorities or public officials of changes in practices or procedures compatible with the effective exercise of their functions which the Commission thinks necessary to reduce the likelihood of the occurrence of corrupt conduct, (g) to co-operate with public authorities and public officials in reviewing laws, practices and procedures with a view to reducing the likelihood of the occurrence of corrupt conduct, (h) to educate and advise public authorities, public officials and the community on strategies to combat corrupt conduct, (i) to educate and disseminate information to the public on the detrimental effects of corrupt conduct and on the importance of maintaining the integrity of public administration, (j) to enlist and foster public support in combating corrupt conduct, (k) to develop, arrange, supervise, participate in or conduct such educational or advisory programs as may be described in a reference made to the Commission by both Houses of Parliament. (1A) Subsection (1) (d) and (f)–(h) do not extend to the conduct of police officers, Crime Commission officers or administrative officers within the meaning of the . Police Integrity Commission Act 1996 (2) The Commission is to conduct its investigations with a view to determining:
(a) whether any corrupt conduct, or any other conduct referred to in subsection (1) (a), has occurred, is occurring or is about to occur, and (b) whether any laws governing any public authority or public official need to be changed for the purpose of reducing the likelihood of the occurrence of corrupt conduct, and (c) whether any methods of work, practices or procedures of any public authority or public official did or could allow, encourage or cause the occurrence of corrupt conduct.
(1) Other functions of the Commission are as follows:
(a) to gather and assemble, during or after the discontinuance or completion of its investigations, evidence that may be admissible in the prosecution of a person for a criminal offence against a law of the State in connection with corrupt conduct and to furnish such evidence to the Director of Public Prosecutions, (b) to furnish, during or after the discontinuance or completion of its investigations, other evidence obtained in the course of its investigations (being evidence that may be admissible in the prosecution of a person for a criminal offence against a law of another State, the Commonwealth or a Territory) to the Attorney General or to the appropriate authority of the jurisdiction concerned. (1A) Evidence of the kind referred to in subsection (1) (b) may be accompanied by any observations that the Commission considers appropriate and (in the case of evidence furnished to the Attorney General) recommendations as to what action the Commission considers should be taken in relation to the evidence.
(1) In exercising its principal functions relating to the investigation of conduct, the Commission:
(a) shall, as far as practicable, work in co-operation with law enforcement agencies, and (b) may work in co-operation with the Auditor-General, the Ombudsman, the Australian Crime Commission, the Australian Bureau of Criminal Intelligence and such other persons and bodies as the Commission thinks appropriate.
(1) The Commission may do any or all of the following:
(a) commence, continue, discontinue or complete any investigation, (b) furnish reports in connection with any investigation, (c) do all such acts and things as are necessary or expedient for those purposes, despite any proceedings that may be in or before any court, tribunal, coroner, Magistrate or other person.
(1) The Commission may conduct an investigation on its own initiative, on a complaint made to it, on a report made to it or on a reference made to it.
(1) For the purposes of an investigation, the Commission may, if it is satisfied that it is in the public interest to do so, conduct a compulsory examination. (2) A compulsory examination is to be conducted by the Commissioner or by an Assistant Commissioner, as determined by the Commissioner.
(1) For the purposes of an investigation, the Commission may, if it is satisfied that it is in the public interest to do so, conduct a public inquiry. (2) Without limiting the factors that it may take into account in determining whether or not it is in the public interest to conduct a public inquiry, the Commission is to consider the following:
(a) the benefit of exposing to the public, and making it aware, of corrupt conduct, (b) the seriousness of the allegation or complaint being investigated, (c) any risk of undue prejudice to a person’s reputation (including prejudice that might arise from not holding an inquiry), (d) whether the public interest in exposing the matter is outweighed by the public interest in preserving the privacy of the persons concerned. (3) An Assistant Commissioner may determine to conduct a public inquiry only with the concurrence of the Commissioner. However, concurrence is not required if the Commissioner would or might have a conflict of interest in relation to the inquiry. Note— Powers of the Commission under this Division may be delegated to an Assistant Commissioner under section 107 (5) (e). (4) A public inquiry is to be conducted by the Commissioner or by an Assistant Commissioner, as determined by the Commissioner.
(1) The Commissioner may summon a person to appear before the Commission at a compulsory examination or public inquiry at a time and place named in the summons (the required appearance ):
(a) to give evidence, or (b) to produce such documents or other things (if any) as are referred to in the summons, or both. (2) The person presiding at a compulsory examination or public inquiry before the Commission may require a person appearing at the compulsory examination or public inquiry to produce a document or other thing. (3) The Commission may, at a compulsory examination or public inquiry, take evidence on oath or affirmation and for that purpose:
(a) the person presiding at the compulsory examination or public inquiry may require a person appearing at the compulsory examination or public inquiry to give evidence either to take an oath or to make an affirmation in a form approved by the person presiding, and (b) the person presiding, or a person authorised for the purpose by the person presiding, may administer an oath or affirmation to a person so appearing at the compulsory examination or public inquiry.
(1) If a person served with a summons to attend the Commission as a witness fails to attend in answer to the summons, the Commissioner may, on proof by statutory declaration of the service of the summons, issue a warrant for the arrest of the witness. (2) If the Commissioner is satisfied by evidence on oath or affirmation that it is probable that a person whose evidence is desired and is necessary and relevant to an investigation under this Act:
(a) will not attend before the Commission to give evidence without being compelled to do so, or (b) is about to or is making preparations to leave the State and the person’s evidence will not be obtained by the Commission if the person departs, the Commissioner may issue a warrant for the arrest of the person. (3) The Commissioner is authorised to administer an oath or affirmation for the purposes of subsection (2).
(1) A witness summoned to attend or appearing before the Commission at a compulsory examination or public inquiry is not entitled to refuse:
(a) to be sworn or to make an affirmation, or (b) to answer any question relevant to an investigation put to the witness by the Commissioner or other person presiding at a compulsory examination or public inquiry, or (c) to produce any document or other thing in the witness’s custody or control which the witness is required by the summons or by the person presiding to produce. (2) A witness summoned to attend or appearing before the Commission at a compulsory examination or public inquiry is not excused from answering any question or producing any document or other thing on the ground that the answer or production may incriminate or tend to incriminate the witness, or on any other ground of privilege, or on the ground of a duty of secrecy or other restriction on disclosure, or on any other ground.
(1) If the Commissioner requires the attendance at a compulsory examination or public inquiry before the Commission of a prisoner, the Commissioner may, by order in writing served on the governor of the prison in whose custody the prisoner is, direct the governor to produce the prisoner, or have the prisoner produced, at the time and place stated in the order.
(1) An authorised officer to whom an application is made under subsection (4) may issue a search warrant if satisfied that there are reasonable grounds for doing so.
(1) The Commission may apply to a court for an order under this Division in relation to property to which this Division applies if it appears to the Commission that no person is lawfully entitled to the property.
(1) The Commission may recommend to the Attorney General that a person be granted (under section 32 of the ) an indemnity from prosecution. Criminal Procedure Act 1986
(1) If it appears to the Commissioner that, because a person is assisting the Commission, the safety of the person or any other person may be prejudiced or the person or any other person may be subject to intimidation or harassment, the Commissioner may make such arrangements as are necessary:
(a) to protect the safety of any such person, or (b) to protect any such person from intimidation or harassment. (2) In this section, a reference to a person who is assisting the Commission is a reference to a person who:
(a) has appeared, is appearing or is to appear before the Commission to give evidence or to produce a document or other thing, or (b) has produced or proposes to produce a document or other thing to the Commission under this Act, or (c) has assisted, is assisting or is to assist the Commission in some other manner.
(1) A witness who is appearing or about to appear before the Commission may apply to the Attorney General for legal or financial assistance.
(1) The principal functions of the Inspector are:
(a) to audit the operations of the Commission for the purpose of monitoring compliance with the law of the State, and (b) to deal with (by reports and recommendations) complaints of abuse of power, impropriety and other forms of misconduct on the part of the Commission or officers of the Commission, and (c) to deal with (by reports and recommendations) conduct amounting to maladministration (including, without limitation, delay in the conduct of investigations and unreasonable invasions of privacy) by the Commission or officers of the Commission, and (d) to assess the effectiveness and appropriateness of the procedures of the Commission relating to the legality or propriety of its activities.
(1) Such staff as may be necessary to assist the Inspector may be employed under Chapter 2 of the . Public Sector Employment and Management Act 2002 (2) The Inspector may also employ staff. Chapter 2 of the does not apply to or in respect of any such staff. Public Sector Employment and Management Act 2002
(1) The Minister is to refer a proposal to appoint a person as Commissioner or Inspector to the Joint Committee and the Committee is empowered to veto the proposed appointment as provided by this section. The Minister may withdraw a referral at any time.
(1) The procedure for the calling of meetings of the Joint Committee and for the conduct of business at those meetings shall, subject to this Act, be as determined by the Committee. (2) The Clerk of the Legislative Assembly shall call the first meeting of the Joint Committee in each Parliament in such manner as the Clerk thinks fit. (3) At a meeting of the Joint Committee, 6 members constitute a quorum, but the Committee shall meet as a joint committee at all times.
(1) Where any evidence proposed to be given before, or the whole or a part of a document produced or proposed to be produced in evidence to, the Joint Committee relates to a secret or confidential matter, the Committee may, and at the request of the witness giving the evidence or producing the document shall:
(a) take the evidence in private, or (b) direct that the document, or the part of the document, be treated as confidential. (1A) If any evidence proposed to be given before, or the whole or a part of a document produced or proposed to be produced in evidence to, the Joint Committee relates to the proposed appointment of a person as Commissioner or Inspector, the Committee must (despite any other provision of this section):
(a) take the evidence in private, or (b) direct that the document, or the part of the document, be treated as confidential. (1B) Despite any other provision of this section except subsection (6), the Joint Committee must not, and a person (including a member of the Committee) must not, disclose any evidence or the contents of a document or that part of a document to which subsection (1A) applies. Maximum penalty: 20 penalty units or imprisonment for 3 months, or both. (1C) Despite any other provision of this section except subsection (6), the Joint Committee (including a member of the Committee) must not, and any person assisting the Committee or present during the deliberations of the Committee must not, except in accordance with section 64A (3), disclose whether or not the Joint Committee or any member of the Joint Committee has vetoed, or proposes to veto, the proposed appointment of a person as Commissioner or Inspector. Maximum penalty: 20 penalty units or imprisonment for 3 months, or both.
(1) The functions of the designated committee are:
(a) to prepare for consideration by the Legislative Council draft codes of conduct for members of the Legislative Council and draft amendments to codes of conduct already adopted, and (b) to carry out educative work relating to ethical standards applying to members of the Legislative Council, and (c) to give advice in relation to such ethical standards in response to requests for advice by the Legislative Council, but not in relation to actual or alleged conduct of any particular person. (2) The designated committee may seek comments from the public in relation to any of its functions under this section.
(1) The functions of the designated committee are:
(a) to prepare for consideration by the Legislative Assembly draft codes of conduct for members of the Legislative Assembly and draft amendments to codes of conduct already adopted, and (b) to carry out educative work relating to ethical standards applying to members of the Legislative Assembly, and (c) to give advice in relation to such ethical standards in response to requests for advice by the Legislative Assembly, but not in relation to actual or alleged conduct of any particular person. (1A) The designated committee may appoint any member of the public for the purpose of assisting the committee to carry out any of its functions under this section in relation to a code of conduct.
(1) Both Houses of Parliament may, by resolution of each House, refer to the Commission any matter as referred to in section 13.
(1) The Commission may prepare reports in relation to any matter that has been or is the subject of an investigation. (2) The Commission shall prepare reports in relation to a matter referred to the Commission by both Houses of Parliament, as directed by those Houses. (3) The Commission shall prepare reports in relation to matters as to which the Commission has conducted a public inquiry, unless the Houses of Parliament have given different directions under subsection (2).
(1) The Commission is authorised to include in a report under section 74:
(a) statements as to any of its findings, opinions and recommendations, and (b) statements as to the Commission’s reasons for any of its findings, opinions and recommendations.
(1) The Commission is authorised to include in a report under section 74 a recommendation that consideration be given to the making of a proclamation under the that all civic offices in relation to a local government authority be declared vacant if the Commission is of the opinion that systemic corruption exists within the local government authority. Local Government Act 1993 (2) The Commission is authorised to include in a report under section 74 a recommendation that consideration be given to the suspension of a councillor from civic office under the with a view to his or her dismissal for serious corrupt conduct. Local Government Act 1993 (2A) The Commission is authorised to include in a report under section 74 a recommendation that consideration be given to the suspension of a councillor from civic office under Division 3 (Misbehaviour) of Part 1 of Chapter 14 of the . Local Government Act 1993 (3) The Commission is authorised to include in a report under section 74 a recommendation that consideration be given to the suspension from duty of a member of the staff of a local government authority with a view to the institution of disciplinary or criminal proceedings against the member of staff for serious corrupt conduct.
(1) The Commission is authorised to include in a report under section 74 a recommendation that consideration be given to:
(a) the suspension of a councillor or Board member from office under Division 3A of Part 10 of the , or Aboriginal Land Rights Act 1983 (b) the taking of action against a member of staff of an Aboriginal Land Council under that Division.
(1) A copy of a report furnished to the Presiding Officer of a House of Parliament under this Part shall be laid before that House within 15 sitting days of that House after it is received by the Presiding Officer. (1A) The Inspector may include in a report a recommendation that the report be made public forthwith.
(1) A person who, knowing that any document or other thing is or may be required in connection with an investigation, wilfully destroys it or renders it incapable of identification or, in the case of a document, renders it illegible, indecipherable or unusable, with intent to prevent it from being used in connection with the investigation, is guilty of an indictable offence. Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.
(1) Any contempt of the Commission under section 98 may be punished in accordance with this section. (2) The Commissioner may present to the Supreme Court a certificate (in this Part called a contempt of the Commission certificate ) in which the Commissioner sets out the facts that constitute the alleged contempt.
(1) In the case of any alleged contempt of the Commission, the Commissioner may summon the offender to appear before the Commission at a time and place named in the summons to show cause why the offender should not be dealt with under section 99 for the contempt. (1A) The summons is to set out the details of the alleged contempt. (2) If the offender fails to attend before the Commission in obedience to the summons, and no reasonable excuse to the satisfaction of the Commissioner is offered for the failure, the Commissioner may, on proof of the service of the summons, issue a warrant to arrest the offender and bring the offender before the Commissioner to show cause why the offender should not be dealt with under section 99 for the contempt.
(1) The Commissioner may by order release an offender detained under section 100 at any time before the offender is brought before the Supreme Court.
(1) A Commission investigator who is a seconded police officer has and may exercise all the functions (including powers, immunities, liabilities and responsibilities) that a police officer of the rank of constable duly appointed under the has and may exercise under any law of the State (including the common law and this Act). Police Act 1990
(1) The Commissioner may appoint, as members of staff of the Commission, such persons (including a Director of Operations and a Director of Administration) as may be necessary to enable the Commission to exercise its functions. (2) Those persons are taken to be employed by the Government of New South Wales in the service of the Crown, except as provided by subsection (9). (3) Each person who is appointed as a member of staff of the Commission under this section:
(a) continues, subject to the provisions of this section and the terms of the person’s appointment, to be employed as a member of staff at the discretion of the Commissioner, and (b) is, in the person’s capacity as such a member, subject to the control and direction of the Commissioner. (4) Chapter 1A of the does not apply to the appointment or employment of a person under this section as a member of staff of the Commission. Public Sector Employment and Management Act 2002 (5) The person appointed as the Director of Operations or as the Director of Administration is to be appointed for a term not exceeding 5 years, but is eligible for re-appointment.
(1) The Commission may:
(a) with the approval of the Minister responsible for the department or authority concerned, and (b) on such terms and conditions as may be approved by the Minister administering this Act, arrange for the use (by secondment or otherwise) of the services of any staff or facilities of a government department or public authority. (2) The Commission may:
(a) with the approval of the Minister for Police after that Minister has consulted the Commissioner of Police, and (b) on such terms and conditions as may be approved by the Minister administering this Act, arrange for one or more police officers to be made available (by way of secondment or otherwise) to perform services for the Commission.
(1) The Commission may delegate to an Assistant Commissioner or an officer of the Commission any of its functions. (2) The Commissioner may delegate to an Assistant Commissioner or an officer of the Commission any of his or her functions.
(1) No matter or thing done by the Commission, the Commissioner, the Inspector or any person acting under the direction of the Commission, the Commissioner or the Inspector shall, if the matter or thing was done in good faith for the purpose of executing this or any other Act, subject the Commissioner, the Inspector or a person so acting personally to any action, liability, claim or demand. (2)
(1) This section applies to:
(a) a person who is or was an officer of the Commission, and (b) a person who is or was an Australian legal practitioner appointed to assist the Commission or who is or was a person who assists, or performs services for or on behalf of, such an Australian legal practitioner in the exercise of the Australian legal practitioner’s functions as counsel to the Commission, and (c) (d) a person or body referred to in section 14 (3), 16 (4) or 53 (6), and (e) a person who is or was an officer of the Inspector. (2) A person to whom this section applies shall not, directly or indirectly, except for the purposes of this Act or otherwise in connection with the exercise of the person’s functions under this Act:
(a) make a record of any information, or (b) divulge or communicate to any person any information, being information acquired by the person by reason of, or in the course of, the exercise of the person’s functions under this Act. Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.
(1) If:
(a) a person has been charged with an offence before a court of the State, and (b) the court considers that it is desirable in the interests of justice that particular evidence given before the Commission, being evidence in relation to which the Commission has given a direction under section 112, be made available to the person or to an Australian legal practitioner representing the person or to the prosecutor, the court may give to the Commission a certificate to that effect. (2) The Commissioner may appear before the court for the purpose of making representations concerning the giving of such a certificate.
(1) Except where otherwise expressly provided by this Act, proceedings for an offence against this Act or the regulations shall be dealt with summarily before the Local Court.
(Section 103)
(Section 57A (2))
(Section 104 (12))
(Section 117A)