This change only applies to the ICAC’s ability to make corrupt conduct findings. What is serious or not at the corrupt conduct findings stage of an investigation is something that can only be determined by the ICAC. It is not a limit on the ICAC’s jurisdiction and investigation powers. The report of the Independent Review states that the term “serious” should not be defined in the ICAC Act. Before it can do so, the NSW Electoral Commission must first refer the matter to the ICAC.īack to questions What is serious corrupt conduct?Īnother new section of the ICAC Act, section 74BA, provides that the ICAC can only make findings of corrupt conduct if the conduct is serious corrupt conduct. In addition to its powers to investigate corrupt conduct, under the new section 13A, the ICAC now has the power to conduct criminal investigations regarding the offences specified in section 13A(9). The amendment to section 13 enhances the ICAC’s power to examine wider government and administrative practices that allow corrupt conduct to develop.īack to questions Does the ICAC now have the power to conduct investigations into possible criminal offences involving election law? It proposed to “free functions from constraints that accompany the investigative jurisdiction” by adding the function of “promoting the integrity and good repute of public administration” to each of the corruption prevention functions set out in section 13(1)(e) and 13(1)(f). The Independent Review noted that the original version of section 13 of the ICAC Act unduly limited the ICAC’s advisory, educational and preventive functions to corrupt conduct. Section 8(2A) is expected to increase the number of complaints to be assessed and investigated by the ICAC.īack to questions Has the ICAC’s corruption prevention function been expanded? fraudulently obtaining or retaining employment as a public official.dishonestly obtaining or assisting in obtaining, or dishonestly benefiting from, the payment or application of public funds for private advantage or.fraud in obtaining a licence or permit under legislation designed to protect health and safety or the environment or the management and commercial exploitation of a resource or.Section 8(2A) now provides that corrupt conduct is also the conduct of any person – whether or not a public official – that impairs, or that could impair, public confidence in public administration and which could involve: Under section 8(1), the ICAC has always had jurisdiction regarding allegations about the corrupt conduct of public officials and the conduct of non-public officials where that conduct affects the honest or impartial exercise of official functions. The amendments, in turn, are a direct result of the report’s recommendations.īack to questions How does the new section 8(2A) affect the ICAC’s jurisdiction? The report of the Independent Review was released on 30 July 2015. In May 2015, NSW Premier the Hon Mike Baird MP charged former High Court Chief Justice Murray Gleeson and barrister Bruce McClintock SC to consider and report on the appropriate scope for the ICAC’s jurisdiction whether the ICAC had appropriate powers and whether any limits should be applied to the exercise of those powers. This affected the ICAC’s jurisdiction to investigate the conduct of non-public officials. The High Court in ICAC v Cunneen (April 2015) found that, for the conduct of a non-public official to come within the definition of corrupt conduct in section 8(2) of the Independent Commission Against Corruption Act 1988 (“the ICAC Act”), it must be conduct that affects the “probity” as opposed to the “efficacy” of the exercise of official functions. Why did the NSW Parliament introduce these amendments? Why did the NSW Parliament introduce these amendments? How does the new section 8(2A) affect the ICAC’s jurisdiction? Has the ICAC’s corruption prevention function been expanded? Does the ICAC now have the power to conduct investigations into possible criminal offences involving election law? What is serious corrupt conduct? Reporting corrupt conduct
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