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Independent Commission Against Corruption (New South Wales)

The Independent Commission Against Corruption (ICAC) is an agency of the Government of New South Wales responsible for eliminating and investigating corrupt activities and enhancing the integrity of the state's public administration. The commission was established in 1989, pursuant to the Independent Commission Against Corruption Act, 1988 (NSW),[1] modeled after the ICAC in Hong Kong.[2]

Independent Commission Against Corruption
AbbreviationICAC
Agency overview
Formed1988
Annual budgetA$25 million (2012–2013)
Jurisdictional structure
Operations jurisdictionNew South Wales, Australia
Legal jurisdictionAs per operations jurisdiction
Governing bodyGovernment of New South Wales
Constituting instrument
  • Independent Commission Against Corruption Act, 1988 (NSW)
Specialist jurisdiction
Operational structure
HeadquartersLevel 7, 255 Elizabeth Street, Sydney, New South Wales, Australia
Elected officer responsible
Agency executive
Website
icac.nsw.gov.au

It is led by a chief commissioner appointed for a fixed five-year term; and two part-time commissioners. Then-NSW Premier Mike Baird suggested in November 2016 his desire to move from a sole commissioner to a three-commissioner system, however this was strongly criticised by two former ICAC commissioners as weakening and politicising the organisation, leading to the resignation of then-Commissioner Megan Latham.[3] The chief commissioner is currently John Hatzistergos, former state Labor minister and District Court judge. Helen Murrell SC and Paul Lakatos SC are currently part-time commissioners.

The chief commissioner is required to submit a report on the activities of the commission to the Parliament of New South Wales and whilst independent of the politics of government, reports informally to the Premier of New South Wales. The commission is charged with educating public authorities, officials and members of the public about corruption.[4]

Inspector Edit

The Inspector of the Independent Commission Against Corruption is an independent statutory officer whose role and functions is to hold the ICAC accountable in the way it carries out its function.[5] The Inspector's role are set out in Part 5A of the ICAC Act. The inspector is not answerable to ICAC in any way and is located in physically separate premises from the ICAC. The inspector's role includes: undertaking audits of the ICAC's operations to ensure compliance with the law; dealing with complaints about the conduct of the ICAC and current and former officers; and assessing the effectiveness and appropriateness of the ICAC's procedures.

The inspector has extensive powers to investigate the conduct of the ICAC and its officers including obtaining documents from the ICAC and requiring ICAC officers to attend before him and answer questions. The inspector can also sit as a royal commissioner in order to conduct investigations. As a royal commissioner the inspector has extensive powers to compel witnesses to provide evidence. The inspector can deal with complaints about the conduct of the ICAC or its officers which concern abuses of power, impropriety, misconduct of any kind, lengthy delays in investigation and maladministration. Under the ICAC Act maladministration is defined as action or inaction of a serious nature that is contrary to law, or unreasonable, unjust, oppressive or improperly discriminatory, or based wholly or partly on improper motives.

Structure and operation Edit

The ICAC has jurisdiction over state and local government in New South Wales. This extends to parliamentarians, local councillors, the Governor of New South Wales, public servants, and staff of universities and state-owned corporations.[6] Anyone can refer a matter to the commission. In 2014 it was estimated that less than one per cent out of around 3,000 complaints annually result in a public hearing.[4] The commission has the coercive powers of a royal commission and can compel witnesses to testify. Public hearings are designed to act as a preventative measure against corruption.[4] Where the ICAC rules that an official has acted corruptly, the charges are referred to the criminal justice system for consideration by the Director of Public Prosecutions to lay criminal charges.

There are only limited controls on admissible evidence,[1] which may be obtained by compulsion and coercion or other means that would make it inadmissible in a court of law. Often evidence used in ICAC cases cannot subsequently be used in related criminal proceedings.[1] There is no right to silence for witnesses called to the commission and failure to testify (along with misleading the commission) can lead to five-year jail terms.[1] While the ICAC cannot impose custodial sentences (other than for procedural matters), it can recommend that criminal charges be considered by the Department of Public Prosecution.[1] In practice it has achieved very few convictions following its investigations and has had key findings such as that against former Premier Greiner found as going beyond its powers. As well as its inquisitorial powers, ICAC has telephone intercept powers.[1]

From its establishment until November 2016, the ICAC was led by a single commissioner, who, although the agency belongs within the New South Wales Premier's Department, reported directly to the presiding officers of the Parliament of New South Wales. The commissioner served a single five-year term and cannot be dismissed except by the Governor.[1] Following the passage of the Independent Commission Against Corruption Amendment Act 2016 (NSW), the agency was reconstituted as a three-member commission, comprising a chief commissioner and two other commissioners; and in order for a public hearing to be held as part of any corruption investigation, the chief commissioner and at least one other commissioner must agree.[7]

Development Edit

The 1980s saw a number of corruption scandals break around Australia, involving the Labor administrations in New South Wales, Victoria and Western Australia (WA Inc), the Liberal government in Tasmania and the Nationals administration in Queensland (Fitzgerald Inquiry).

In 1988, Nick Greiner, a Liberal, ran against Labor in New South Wales on an anti-corruption platform and won. Introducing legislation to establish the ICAC, Greiner told Parliament:[8]

In recent years, in New South Wales we have seen: a Minister of the Crown gaoled for bribery; an inquiry into a second, and indeed a third, former Minister for alleged corruption; the former Chief Stipendiary Magistrate gaoled for perverting the course of justice; a former Commissioner of Police in the courts on a criminal charge; the former Deputy Commissioner of Police charged with bribery; a series of investigations and court cases involving judicial figures including a High Court Judge; and a disturbing number of dismissals, retirements and convictions of senior police officers for offences involving corrupt conduct.... No government can maintain its claim to legitimacy while there remains the cloud of suspicion and doubt that has hung over government in New South Wales.

History Edit

The ICAC's first task was to investigate activities of the previous Wran and Unsworth governments. No charges were recommended by the commission.

In 1992, the ICAC ruled that Premier Greiner's offer of a government job to former minister Terry Metherell was an act of "technical" corruption. Although the charges were later dismissed by the courts, the four independent MPs on whom the premier relied for a majority in the Legislative Assembly indicated that they would no longer support his leadership. Greiner resigned and was replaced by John Fahey.[9]

In 2008, the ICAC documented entrenched corruption within RailCorp.[10] A range of offences were investigated, involving staff at many levels, and A$19 million was found to have been improperly allocated.[10]

The ICAC began focusing on ministerial level corruption from 2010.[11] In November 2010, the commission released a report titled Investigation into Corruption Risks Involved in Lobbying. It recommended the implementation of a new lobbying regulatory scheme to provide transparency and to reduce both the risk of corruption and public distrust.[12]

In 2014, the ICAC investigated alleged corrupt activities relating to a water infrastructure company. It called Premier Barry O'Farrell as a witness and asked if he recalled being sent a gift of a $2,978 bottle of wine by the CEO of the company. O'Farrell said he had no recollection of such a gift. When a thank-you note in O'Farrell's handwriting was produced the next day, O'Farrell immediately announced that he would resign as party leader and as Premier.[13]

Later during the same case, NSW Police Minister Mike Gallacher voluntarily stood down as minister after counsel assisting alleged that he been involved in obtaining an illegal political donation.[14] However, Premier Mike Baird required him to resign.[15] ICAC ultimately did not proceed with corruption charges.[16]

On 15 April 2015 in a 4:1 majority ruling in relation to an ICAC investigation into alleged conduct of Margaret Cunneen SC, the High Court of Australia found that the ICAC had exceeded its authority based on a misinterpretation of "corrupt conduct" in the Act.[17] Section 8(2) of the Act defined "corrupt conduct" as conduct that "adversely affects, or that could adversely affect ... the exercise of official functions by any public official". The High Court found that, in this context, "adversely affect" means "adversely affect or could adversely affect the probity of the exercise of an official function by a public official" and not "adversely affect or could adversely affect the efficacy of the exercise of an official function by a public official in the sense that the official could exercise the function in a different manner or make a different decision from that which would otherwise be the case". The Court ruled that Cunneen's alleged conduct might have affected the official's choice of action but would not have affected the official's probity in making that choice.[17] The Court accepted that the alleged conduct of Cunneen, a senior public prosecutor, would have been in a private and not an official capacity. The Cunneen decision raised questions about whether ICAC exceeded its powers in some earlier and current high-profile corruption investigations.[18][19] Nonetheless, in May 2015 the ICAC referred the allegations against Cunneen to the New South Wales Director of Public Prosecutions; in July 2015 the Solicitor General determined that a prosecution was not warranted.[20][21]

Some of those investigations into governmental corruption had led to ICAC reports that recommended legislation to cancel certain mining licences without compensation and such legislation had been enacted by the New South Wales parliament. Simultaneously with the Cunneen decision, the High Court unanimously rejected challenges to the validity of that legislation.[22] The Cunneen decision, while not affecting that legislation itself,[23] raised questions about the validity of the investigations that led to those reports.

The ICAC disagreed with the High Court's interpretation of the act, as "contrary to the legislative intention" and to "the ordinary meaning of the words used in the section"; it urged the NSW government to legislate to broaden its powers retrospectively, so as to legalise its earlier actions as well as current investigations.[24] However, the inspector of the ICAC, former Supreme Court judge David Levine QC, criticised the ICAC's response as a "blustering" statement by a "poor loser" and "an improper and dismissive attack on the judgment of the highest court in the land", and warned against "any knee-jerk legislative reaction that will serve to render the ICAC a second police force or crime commission".[25] NSW premier Mike Baird stated that "NSW will continue to have a strong ICAC. And we will take every action necessary to ensure that's the case."[26] Former ICAC Commissioner David Ipp, although criticising the Cunneen investigation,[27] strongly supported retrospective legislation to restore the ICAC's general powers.[28]

On 6 May 2015, the NSW government rushed through the parliament, with all-party support, a bill to amend the Independent Commission Against Corruption Act;[29] the amendments were brought into effect immediately. The Independent Commission Against Corruption Amendment (Validation) Act 2015 (NSW)[30] does not simply reverse the Cunneen decision. It amends the principal act so as to validate retrospectively the investigations that had led to the recent convictions, as well as the convictions themselves so far as affected by the Cunneen interpretation of the ICAC's powers. It also retrospectively validates other investigations by the ICAC up to that decision, and confirms that the ICAC is able to refer those investigations and any evidence gained by them to some other, unspecified person or body. The future of the ICAC's powers will be considered by a review, which premier Baird had announced on 5 May, to be headed by former High Court chief justice Murray Gleeson and to report by 10 July.[31]

Following the Cunneen decision, the ICAC confirmed that it would agree to court orders that would declare invalid its findings against mine owner Travers Duncan and other businessmen involved in a mining venture over the Obeid family's farm.[32] The number of earlier investigations affected has been estimated at between eight and at least 50.[33]

Duncan challenged the 2015 amendment act,[34] claiming that it infringed the separation of powers established in the federal constitution, which as settled in Kable flows through to the NSW courts by cross-vesting. On 9 September 2015, the High Court unanimously dismissed that appeal, awarding costs against Duncan.[35][36]

Support and criticism Edit

While the ICAC has received support from some sections of the media,[37][38] it received substantial criticism in the wake of the Greiner and O'Farrell resignations.[39][40][41][42][43] In 1994, former Premier Neville Wran suggested that the then Government should consider "[ridding] the ICAC legislation of its glaring abuses of civil rights". In the wake of the findings of corruption against Eddie Obeid and Ian Macdonald, Graham Richardson, a former Labor Senator, opined that the ICAC had caused "collateral damage" to innocent people, citing Eric Roozendaal as an example.[44] After O'Farrell's resignation, Bruce Baird, a former State Deputy Liberal Leader who voted for the ICAC establishing legislation, was quoted on ABC TV describing the commission as a "Star Chamber" that "trashes peoples' reputations".[45] Professor Peter van Onselen also questioned the "Star Chamber" nature of the commission and its history of "besmirching reputations".[46] Former Victorian Premier Jeff Kennett suggested that the ICAC's actions with regard to O'Farrell had been "entrapment",[47] while Chris Merritt of The Australian suggested that the investigation had been "ludicrous" and that it was Geoffrey Watson (counsel assisting the ICAC) who should have resigned instead.[41] Nick Di Girolamo, a witness before the ICAC in proceedings that led to the resignation of O'Farrell, lodged a compliant in 2014 with the NSW Bar Association about Watson's behaviour during the hearings.[48] The Cunneen investigation was criticised, in the light of the eventual High Court decision, as having been heavy-handed from the start.[49][50]

On the other hand, in an editorial in the wake of the O'Farrell resignation, the Sydney Morning Herald quoted new NSW Premier Mike Baird that "ICAC is doing exactly what it should do and it is something that I will sign up to 100 per cent"; the newspaper advocated creation of a federal equivalent.[51] Likewise, Australian Greens Senator Lee Rhiannon renewed the Greens' long-standing call for a national equivalent to ICAC.[52] Calls for changes to how the ICAC operates following O'Farrell's resignation were rejected by Professor Anne Twomey, an expert in public and constitutional law at the University of Sydney, because it was O'Farrell who misled the ICAC, breached the parliamentary code of conduct and failed to properly declare pecuniary interests.[4] A more historical defence of the ICAC has been that it was set up by a Liberal government in an expectation, shared fearfully by the Labor opposition, that it would be in effect "a standing royal commission into Labor", and that Coalition members and supporters have been appalled that it has not turned out that way.[53]

As of mid-December 2015, disputes continue.[54][55]

The Australian Federal Integrity Commission, a proposed body "responsible for the implementation of a national pro-integrity framework, with an emphasis on prevention",[56] has been described as a "federal ICAC".[57]

Commissioners Edit

Until 2017, the ICAC was led by a single commissioner, who served for a non-renewable term of five years. From 7 August 2017, this system was changed to a board comprising a chief commissioner and two part-time commissioners appointed for a term of five years.

The following individuals have been appointed as commissioner since the commission's establishment:

Order Commissioner Term start Term end Term in office Notes
1 Ian Temby QC 13 March 1989 (1989-03-13) 12 March 1994 (1994-03-12) 4 years, 364 days
The Honourable John Mant (Acting) 12 March 1994 (1994-03-12) 14 November 1994 (1994-11-14) 247 days
2 The Honourable Barry O'Keefe AM QC 14 November 1994 (1994-11-14) 13 November 1999 (1999-11-13) 4 years, 364 days
3 Irene Moss AO 14 November 1999 (1999-11-14) 13 November 2004 (2004-11-13) 4 years, 365 days
4 The Honourable Jerrold Cripps QC 14 November 2004 (2004-11-14) 13 November 2009 (2009-11-13) 4 years, 364 days
5 The Honourable David Ipp AO QC 16 November 2009 (2009-11-16) 24 January 2014 (2014-01-24) 4 years, 69 days [58]
6 The Honourable Megan Latham 28 January 2014 (2014-01-28) 30 November 2016 (2016-11-30) 2 years, 307 days [59][60]
The Honourable Reg Blanch QC (Acting) 30 November 2016 (2016-11-30) 7 August 2017 (2017-08-07) 250 days [61]
Order Chief Commissioner Term start Term end Term in office Notes
7 The Honourable Peter Hall QC 7 August 2017 (2017-08-07) 6 August 2022 (2022-08-06) 4 years, 364 days [61]
8 The Honourable John Hatzistergos AM 7 August 2022 (2022-08-07) Incumbent
(Expires 6 August 2027)
1 year, 23 days [62]

Part-time commissioners Edit

Commissioner Term start Term end Term in office Notes
Patricia McDonald SC 7 August 2017 (2017-08-07) 6 August 2022 (2022-08-06) 4 years, 364 days
Stephen Rushton SC 7 August 2017 (2017-08-07) 6 August 2022 (2022-08-06) 4 years, 364 days
Helen Murrell SC 7 August 2022 (2022-08-07) Incumbent
(Expires 6 August 2027)
1 year, 23 days [62]
Paul Lakatos SC 12 September 2022 (2022-09-12) Incumbent
(Expires 11 September 2027)
352 days [62]

High-profile cases Edit

See also Edit

References Edit

  1. ^ a b c d e f g "NSW Legislation". nsw.gov.au.
  2. ^ Spicer, David (16 November 2016). "What is ICAC and why is everyone talking about it?". ABC News. Retrieved 15 June 2018.
  3. ^ "Former anti-corruption commissioners attack 'scandalous' overhaul plan". Australia: ABC News. 16 November 2016. Retrieved 4 June 2017.
  4. ^ a b c d Whitbourn, Michaela (19 April 2014). "ICAC under threat of being silenced". WAtoday. Retrieved 19 April 2014.
  5. ^ "The Inspector of the Independent Commission Against Corruption". Office of the Inspector of the Independent Commission Against Corruption. Government of New South Wales. Retrieved 14 April 2016.
  6. ^ But not now police: since 1996 the NSW Police Force has been subject to the Police Integrity Commission.
  7. ^ "NSW Government's Independent Commission Against Corruption Overhaul Passes Parliament". TimeBase. 17 November 2016. Retrieved 23 November 2016.
  8. ^ Greiner, Nick (26 May 1988). "Independent Commission Against Corruption Bill" (PDF). Hansard. Parliament of New South Wales. p. 673. Retrieved 23 January 2014.
  9. ^ Snow, Deborah (16 April 2014). "Ghosts of past misdeeds lurk behind a career cut short". The Sydney Morning Herald. Retrieved 18 April 2014.
  10. ^ a b Graycar, Adam; Prenzler, Tim (2013). Understanding and Preventing Corruption. Palgrave Macmillan. p. 16. ISBN 978-1137335098. Retrieved 17 April 2014.
  11. ^ Dempster, Quentin (17 April 2014). "The star chamber that took down a premier". The Drum. Australian Broadcasting Corporation. Retrieved 17 April 2014.
  12. ^ "ICAC recommends legislative changes to better manage lobbying". Media Release. Independent Commission Against Corruption. 10 November 2010. Retrieved 11 April 2014.
  13. ^ Grattan, Michelle (16 April 2014). "Barry O'Farrell quits as NSW Premier over ICAC 'memory fail'". The Conversation. Retrieved 17 April 2014.
  14. ^ Whitbourn, Michaela; McClymont, Kate (2 May 2014). "Police Minister Mike Gallacher steps down after ICAC hears he was involved in 'corrupt scheme' with Nathan Tinkler". The Sydney Morning Herald. Retrieved 2 May 2014.
  15. ^ Howden, Saffron (2 May 2014). "Mike Gallacher had to resign over ICAC claim, Mike Baird says". The Sydney Morning Herald. Retrieved 2 May 2014.
  16. ^ The Australian, 31 August 2016, page 11
  17. ^ a b "Independent Commission Against Corruption v Cunneen [2015] HCA 14". AustLII. Retrieved 17 April 2015.
  18. ^ Whitbourn, Michaela (16 April 2015). "High Court rejects ICAC's bid to investigate Crown prosecutor Margaret Cunneen". The Sydney Morning Herald. Retrieved 17 April 2015.
  19. ^ Whitbourn, Michaela (16 April 2015). "Crown prosecutor Margaret Cunneen clips ICAC's wings". The Sydney Morning Herald. Retrieved 17 April 2015.
  20. ^ NSW Solicitor General (24 July 2015). "Statement from NSW Solicitor General regarding a referral from the Independent Commission Against Corruption". Sydney: NSW Department of Justice. Retrieved 25 July 2015.
  21. ^ Whitbourn, Michaela; Nicholls, Sean (25 July 2015). "Margaret Cunneen will not be prosecuted over ICAC evidence, Solicitor-General advises". The Sydney Morning Herald. Retrieved 25 July 2015.
  22. ^ "Duncan v NSW [2015] HCA 13". AustLII. Retrieved 17 April 2015.
  23. ^ Mining Act 1992 (NSW), Schedule 6A "Cancellation of certain authorities", inserted by Mining Amendment (ICAC Operations Jasper and Acacia) Act 2014 (NSW).
  24. ^ Whitbourn, Michaela (21 April 2015). "ICAC calls on state government to act quickly to amend Act following Margaret Cunneen decision". The Sydney Morning Herald. Retrieved 26 April 2015.
  25. ^ Whitbourn, Michaela (20 April 2015). "ICAC Inspector David Levine slams watchdog and urges Baird government not to change act". The Sydney Morning Herald. Retrieved 26 April 2015.
  26. ^ Nicholls, Sean; Whitbourn, Michaela (25 April 2015). "Premier Mike Baird vows to fix ICAC to ensure corruption charges stick". The Sydney Morning Herald. Retrieved 25 April 2015.
  27. ^ Clennell, Andrew (24 April 2015). "Former ICAC head David Ipp critical of decision to pursue Margaret Cunneen". The Daily Telegraph. Sydney. Retrieved 29 April 2015.
  28. ^ Ipp, David (27 April 2015). "Why ICAC powers to investigate corruption must be restored". The Sydney Morning Herald. Retrieved 29 April 2015.
  29. ^ Whitbourn, Michaela (6 May 2015). "New bill to validate ICAC findings rushed through state parliament". The Sydney Morning Herald. Retrieved 8 May 2015.
  30. ^ Independent Commission Against Corruption Amendment (Validation) Act 2015 (NSW)
  31. ^ Nicholls, Sean; Whitbourn, Michaela (5 May 2015). "ICAC's future to be decided by landmark review". The Sydney Morning Herald. Retrieved 8 May 2015.
  32. ^ Nicholls, Sean; Whitbourn, Michaela (23 April 2015). "ICAC findings against Travers Duncan and others to be overturned". The Sydney Morning Herald. Retrieved 24 April 2015.
  33. ^ Whitbourn, Michaela (26 April 2015). "At least 50 ICAC findings in doubt following High Court Cunneen ruling". The Sydney Morning Herald. Retrieved 27 April 2015.
  34. ^ Whitbourn, Michaela (8 May 2015). "ICAC findings: Travers Duncan and associates in constitutional challenge". The Sydney Morning Herald. Retrieved 8 May 2015.
  35. ^ Whitbourn, Michaela (10 September 2015). "High Court rejects bid by mining mogul Travers Duncan to overturn laws passed to bolster ICAC's powers". The Sydney Morning Herald. Retrieved 10 September 2015.
  36. ^ Duncan v Independent Commission Against Corruption [2015] HCA 32, in AustLII.
  37. ^ Ackland, Richard (16 April 2014). "ICAC architect Gary Sturgess should be a household name". The Sydney Morning Herald. Retrieved 18 April 2014.
  38. ^ McClymont, Kate (17 April 2014). "Was ICAC or O'Farrell wrong? McClymont vs Henderson". The Age (from ABC Lateline). Retrieved 18 April 2014.
  39. ^ Hartcher, Peter (16 April 2014). "Barry O'Farrell takes the fall but ICAC cops the heat". The Age. Retrieved 18 April 2014.
  40. ^ Van Onselen, Peter (17 April 2014). "Another victim of a commission out of control". The Australian. Retrieved 18 April 2014.
  41. ^ a b Merritt, Chris (17 April 2014). "The wrong man has resigned". The Australian. Retrieved 18 April 2014.
  42. ^ Loane, Sally (29 April 1994). "ICAC Laws blot on NSW". The Sydney Morning Herald. Retrieved 18 April 2014.
  43. ^ Moore, Matthew; Norington, Brad (21 August 1992). "ICAC in the hot seat". The Sydney Morning Herald. Retrieved 18 April 2014.
  44. ^ Richardson, Graham (2 August 2013). "Labor Party drowning in guilt by association thanks to ICAC findings". The Australian. Retrieved 4 May 2014.
  45. ^ Ferguson, Sally (17 April 2014). "Mike Baird elected NSW premier after Barry O'Farrell resigns". Australian Broadcasting Corporation. Retrieved 17 April 2014.
  46. ^ Van Onselen, Peter (22 March 2014). "Modern star chamber must be brought to account". The Australian. Retrieved 18 April 2014.
  47. ^ Hatch, Patrick (17 April 2014). "O'Farrell fall was entrapment, says Kennett". The Age.
  48. ^ Massoud, Josh (10 August 2014). "Nick Di Girolamo: 'How I'm hitting back at the ICAC'". The Sunday Telegraph. Australia. Retrieved 12 August 2014.
  49. ^ Glegg, Louise (16 April 2015). "Important questions remain unanswered in Margaret Cunneen case". The Sydney Morning Herald. Retrieved 17 April 2015.
  50. ^ Dempster, Quentin (17 April 2015). "Cunneen ruling: High Court created a hair, then split it". The Sydney Morning Herald. Retrieved 17 April 2015.
  51. ^ "ICAC's strengths put forward convincing case for federal equivalent". The Sydney Morning Herald. 17 April 2014. Retrieved 19 April 2014.
  52. ^ Rhiannon, Lee (17 April 2014). "It's high time for a national corruption commission". The Guardian (Australian edition). Retrieved 21 April 2014.
  53. ^ Hawker, Bruce (22 April 2014). "The Coalition whinging about Icac is nothing new". The Guardian (Australian edition). Retrieved 22 April 2014.
  54. ^ Milbourn, Michaela; McClymont, Kate (12 December 2015). "Car crash and fake boobs make Margaret Cunneen's battle with ICAC great fodder for Sydney shock jocks". The Sydney Morning Herald. Retrieved 12 December 2015.
  55. ^ Milbourn, Michaela (14 December 2015). "Former ICAC inspector slams 'flawed' report on Cunneen inquiry". The Sydney Morning Herald. Retrieved 14 December 2015.
  56. ^ "AUSTRALIAN FEDERAL INTEGRITY COMMISSION BILL 2020 EXPLANATORY MEMORANDUM and STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS". Parliament of Australia. Retrieved 9 November 2020.
  57. ^ "After a 2 year delay Christian Porter has released a draft plan for Federal ICAC which wouldn't have the power to investigate the Badgerys Creek land deal. What's the point?". @australianlabor. Australian Labor Party. Archived from the original on 24 December 2021. Retrieved 9 November 2020.
  58. ^ Nicholls, Sean; Whitbourn, Michaela (24 October 2013). "ICAC commissioner David Ipp announces retirement". The Sydney Morning Herald. Retrieved 23 January 2013.
  59. ^ Hemsley, Paul (4 November 2013). . GovernmentNews.com.au. The Intermedia Group. Archived from the original on 20 January 2014. Retrieved 23 January 2014.
  60. ^ "ICAC commissioner Megan Latham resigns". Australia: ABC News. 23 November 2016. Retrieved 23 November 2016.
  61. ^ a b Norington, Brad (20 April 2017). "Peter Hall QC named as revamped ICAC's new chief commissioner". The Australian. Retrieved 11 July 2018.
  62. ^ a b c "New Chief Commissioner and Commissioners recommended for appointment to ICAC". NSW Government. 22 June 2022.
  63. ^ "R v Van Leeuwen". Caselaw. New South Wales District Court. 20 April 2007.
  64. ^ "Corruption Matters – Issue 22". ICAC. May 2003. p. 1.
  65. ^ "Independent Commission Against Corruption announces investigation into NSW Premier". The Sydney Morning Herald. 1 October 2021. Retrieved 30 October 2022.
  66. ^ "Gladys Berejiklian being investigated by ICAC over relationship with former MP Daryl Maguire". Australia: ABC News. 1 October 2021. Retrieved 30 October 2022.
  67. ^ "Further Operation Keppel public inquiry – Independent Commission Against Corruption". icac.nsw.gov.au. Retrieved 30 October 2022.
  68. ^ Independent Commission Against Corruption (19 June 1992). (PDF). ISBN 0-7305-9882-9. Archived from the original (PDF) on 24 September 2015. Retrieved 18 February 2012. (p. 51)
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  70. ^ Michael, Sexton (30 August 2006). (PDF). Australian Institute of Administrative Law. p. 33. Archived from the original (PDF) on 12 April 2011.
  71. ^ Greiner v ICAC, 10 NSW 7 Australian Current Law Reporter (Supreme Court, NSW, Court of Appeal 21 August 1992).
  72. ^ "ICAC makes no findings of corrupt conduct in relation to the Hon. Craig Knowles MP" (Press release). Independent Commission Against Corruption (ICAC). 13 April 2005. Retrieved 2 May 2014.
  73. ^ (Press release). Independent Commission Against Corruption. 30 August 2013. Archived from the original on 4 March 2014. Retrieved 6 January 2014.
  74. ^ Besser, Linton; Nicholls, Sean (30 August 2013). "Ian Macdonald found corrupt by ICAC again". The Sydney Morning Herald. Retrieved 6 January 2014.
  75. ^ a b McClymont, Kate (19 July 2021). "Eddie Obeid, Ian Macdonald and Moses Obeid found guilty over rigged tender". The Sydney Morning Herald. Retrieved 19 July 2021.
  76. ^ a b "Eddie Obied, Ian Macdonald, Moses Obeid found guilty of mine licence conspiracy". Australia: ABC News. 19 July 2021. Retrieved 19 July 2021.
  77. ^ a b Davies, Anne (19 July 2021). "Former NSW Labor ministers Eddie Obeid and Ian Macdonald found guilty of corruption charges". Guardian Australia. Retrieved 19 July 2021.
  78. ^ "Former NSW MP for Wagga Wagga – allegations concerning breach of public trust to improperly gain a benefit (Operation Keppel)". Independent Commission Against Corruption. 1 September 2020. Retrieved 14 October 2020.
  79. ^ Gerathy, Sarah (15 December 2016). "Eddie Obeid: The rise, reign and recession of NSW's most notorious political powerbroker". Australia: ABC News. Retrieved 15 December 2016.
  80. ^ Independent Commission Against Corruption (August 2005). . ICAC. Archived from the original on 12 March 2011. Retrieved 12 February 2010.
  81. ^ "Charges recommended against ex-MP Paluzzano". Australia: ABC News. 13 July 2010. Retrieved 13 July 2010.
  82. ^ Robins, Brian (13 July 2010). "NSW MP could face prosecution". The Sydney Morning Herald. Retrieved 13 July 2010.
  83. ^ "ICAC rules Australian of the Year finalist stole $750,000 from charities". Australia: ABC News. 19 September 2018.
  84. ^ "Sydney Ferries – misuse of corporate credit cards (Operation Argyle)". Independent Commission Against Corruption. Retrieved 25 November 2015.

External links Edit

  • ICAC web site
  • ICAC Act second reading speech

independent, commission, against, corruption, south, wales, other, uses, independent, commission, against, corruption, disambiguation, independent, commission, against, corruption, icac, agency, government, south, wales, responsible, eliminating, investigating. For other uses see Independent Commission Against Corruption disambiguation The Independent Commission Against Corruption ICAC is an agency of the Government of New South Wales responsible for eliminating and investigating corrupt activities and enhancing the integrity of the state s public administration The commission was established in 1989 pursuant to the Independent Commission Against Corruption Act 1988 NSW 1 modeled after the ICAC in Hong Kong 2 Independent Commission Against CorruptionAbbreviationICACAgency overviewFormed1988Annual budgetA 25 million 2012 2013 Jurisdictional structureOperations jurisdictionNew South Wales AustraliaLegal jurisdictionAs per operations jurisdictionGoverning bodyGovernment of New South WalesConstituting instrumentIndependent Commission Against Corruption Act 1988 NSW Specialist jurisdictionAnti corruptionOperational structureHeadquartersLevel 7 255 Elizabeth Street Sydney New South Wales AustraliaElected officer responsibleThe Hon Chris Minns MP Premier of New South WalesAgency executiveThe Hon John Hatzistergos AM Chief CommissionerWebsiteicac wbr nsw wbr gov wbr auIt is led by a chief commissioner appointed for a fixed five year term and two part time commissioners Then NSW Premier Mike Baird suggested in November 2016 his desire to move from a sole commissioner to a three commissioner system however this was strongly criticised by two former ICAC commissioners as weakening and politicising the organisation leading to the resignation of then Commissioner Megan Latham 3 The chief commissioner is currently John Hatzistergos former state Labor minister and District Court judge Helen Murrell SC and Paul Lakatos SC are currently part time commissioners The chief commissioner is required to submit a report on the activities of the commission to the Parliament of New South Wales and whilst independent of the politics of government reports informally to the Premier of New South Wales The commission is charged with educating public authorities officials and members of the public about corruption 4 Contents 1 Inspector 2 Structure and operation 3 Development 4 History 4 1 Support and criticism 5 Commissioners 5 1 Part time commissioners 6 High profile cases 7 See also 8 References 9 External linksInspector EditThe Inspector of the Independent Commission Against Corruption is an independent statutory officer whose role and functions is to hold the ICAC accountable in the way it carries out its function 5 The Inspector s role are set out in Part 5A of the ICAC Act The inspector is not answerable to ICAC in any way and is located in physically separate premises from the ICAC The inspector s role includes undertaking audits of the ICAC s operations to ensure compliance with the law dealing with complaints about the conduct of the ICAC and current and former officers and assessing the effectiveness and appropriateness of the ICAC s procedures The inspector has extensive powers to investigate the conduct of the ICAC and its officers including obtaining documents from the ICAC and requiring ICAC officers to attend before him and answer questions The inspector can also sit as a royal commissioner in order to conduct investigations As a royal commissioner the inspector has extensive powers to compel witnesses to provide evidence The inspector can deal with complaints about the conduct of the ICAC or its officers which concern abuses of power impropriety misconduct of any kind lengthy delays in investigation and maladministration Under the ICAC Act maladministration is defined as action or inaction of a serious nature that is contrary to law or unreasonable unjust oppressive or improperly discriminatory or based wholly or partly on improper motives Structure and operation EditThe ICAC has jurisdiction over state and local government in New South Wales This extends to parliamentarians local councillors the Governor of New South Wales public servants and staff of universities and state owned corporations 6 Anyone can refer a matter to the commission In 2014 it was estimated that less than one per cent out of around 3 000 complaints annually result in a public hearing 4 The commission has the coercive powers of a royal commission and can compel witnesses to testify Public hearings are designed to act as a preventative measure against corruption 4 Where the ICAC rules that an official has acted corruptly the charges are referred to the criminal justice system for consideration by the Director of Public Prosecutions to lay criminal charges There are only limited controls on admissible evidence 1 which may be obtained by compulsion and coercion or other means that would make it inadmissible in a court of law Often evidence used in ICAC cases cannot subsequently be used in related criminal proceedings 1 There is no right to silence for witnesses called to the commission and failure to testify along with misleading the commission can lead to five year jail terms 1 While the ICAC cannot impose custodial sentences other than for procedural matters it can recommend that criminal charges be considered by the Department of Public Prosecution 1 In practice it has achieved very few convictions following its investigations and has had key findings such as that against former Premier Greiner found as going beyond its powers As well as its inquisitorial powers ICAC has telephone intercept powers 1 From its establishment until November 2016 the ICAC was led by a single commissioner who although the agency belongs within the New South Wales Premier s Department reported directly to the presiding officers of the Parliament of New South Wales The commissioner served a single five year term and cannot be dismissed except by the Governor 1 Following the passage of the Independent Commission Against Corruption Amendment Act 2016 NSW the agency was reconstituted as a three member commission comprising a chief commissioner and two other commissioners and in order for a public hearing to be held as part of any corruption investigation the chief commissioner and at least one other commissioner must agree 7 Development EditThe 1980s saw a number of corruption scandals break around Australia involving the Labor administrations in New South Wales Victoria and Western Australia WA Inc the Liberal government in Tasmania and the Nationals administration in Queensland Fitzgerald Inquiry In 1988 Nick Greiner a Liberal ran against Labor in New South Wales on an anti corruption platform and won Introducing legislation to establish the ICAC Greiner told Parliament 8 In recent years in New South Wales we have seen a Minister of the Crown gaoled for bribery an inquiry into a second and indeed a third former Minister for alleged corruption the former Chief Stipendiary Magistrate gaoled for perverting the course of justice a former Commissioner of Police in the courts on a criminal charge the former Deputy Commissioner of Police charged with bribery a series of investigations and court cases involving judicial figures including a High Court Judge and a disturbing number of dismissals retirements and convictions of senior police officers for offences involving corrupt conduct No government can maintain its claim to legitimacy while there remains the cloud of suspicion and doubt that has hung over government in New South Wales Nick Greiner as Premier of New South Wales 1988 History EditThe ICAC s first task was to investigate activities of the previous Wran and Unsworth governments No charges were recommended by the commission In 1992 the ICAC ruled that Premier Greiner s offer of a government job to former minister Terry Metherell was an act of technical corruption Although the charges were later dismissed by the courts the four independent MPs on whom the premier relied for a majority in the Legislative Assembly indicated that they would no longer support his leadership Greiner resigned and was replaced by John Fahey 9 In 2008 the ICAC documented entrenched corruption within RailCorp 10 A range of offences were investigated involving staff at many levels and A 19 million was found to have been improperly allocated 10 The ICAC began focusing on ministerial level corruption from 2010 11 In November 2010 the commission released a report titled Investigation into Corruption Risks Involved in Lobbying It recommended the implementation of a new lobbying regulatory scheme to provide transparency and to reduce both the risk of corruption and public distrust 12 In 2014 the ICAC investigated alleged corrupt activities relating to a water infrastructure company It called Premier Barry O Farrell as a witness and asked if he recalled being sent a gift of a 2 978 bottle of wine by the CEO of the company O Farrell said he had no recollection of such a gift When a thank you note in O Farrell s handwriting was produced the next day O Farrell immediately announced that he would resign as party leader and as Premier 13 Later during the same case NSW Police Minister Mike Gallacher voluntarily stood down as minister after counsel assisting alleged that he been involved in obtaining an illegal political donation 14 However Premier Mike Baird required him to resign 15 ICAC ultimately did not proceed with corruption charges 16 On 15 April 2015 in a 4 1 majority ruling in relation to an ICAC investigation into alleged conduct of Margaret Cunneen SC the High Court of Australia found that the ICAC had exceeded its authority based on a misinterpretation of corrupt conduct in the Act 17 Section 8 2 of the Act defined corrupt conduct as conduct that adversely affects or that could adversely affect the exercise of official functions by any public official The High Court found that in this context adversely affect means adversely affect or could adversely affect the probity of the exercise of an official function by a public official and not adversely affect or could adversely affect the efficacy of the exercise of an official function by a public official in the sense that the official could exercise the function in a different manner or make a different decision from that which would otherwise be the case The Court ruled that Cunneen s alleged conduct might have affected the official s choice of action but would not have affected the official s probity in making that choice 17 The Court accepted that the alleged conduct of Cunneen a senior public prosecutor would have been in a private and not an official capacity The Cunneen decision raised questions about whether ICAC exceeded its powers in some earlier and current high profile corruption investigations 18 19 Nonetheless in May 2015 the ICAC referred the allegations against Cunneen to the New South Wales Director of Public Prosecutions in July 2015 the Solicitor General determined that a prosecution was not warranted 20 21 Some of those investigations into governmental corruption had led to ICAC reports that recommended legislation to cancel certain mining licences without compensation and such legislation had been enacted by the New South Wales parliament Simultaneously with the Cunneen decision the High Court unanimously rejected challenges to the validity of that legislation 22 The Cunneen decision while not affecting that legislation itself 23 raised questions about the validity of the investigations that led to those reports The ICAC disagreed with the High Court s interpretation of the act as contrary to the legislative intention and to the ordinary meaning of the words used in the section it urged the NSW government to legislate to broaden its powers retrospectively so as to legalise its earlier actions as well as current investigations 24 However the inspector of the ICAC former Supreme Court judge David Levine QC criticised the ICAC s response as a blustering statement by a poor loser and an improper and dismissive attack on the judgment of the highest court in the land and warned against any knee jerk legislative reaction that will serve to render the ICAC a second police force or crime commission 25 NSW premier Mike Baird stated that NSW will continue to have a strong ICAC And we will take every action necessary to ensure that s the case 26 Former ICAC Commissioner David Ipp although criticising the Cunneen investigation 27 strongly supported retrospective legislation to restore the ICAC s general powers 28 On 6 May 2015 the NSW government rushed through the parliament with all party support a bill to amend the Independent Commission Against Corruption Act 29 the amendments were brought into effect immediately The Independent Commission Against Corruption Amendment Validation Act 2015 NSW 30 does not simply reverse the Cunneen decision It amends the principal act so as to validate retrospectively the investigations that had led to the recent convictions as well as the convictions themselves so far as affected by the Cunneen interpretation of the ICAC s powers It also retrospectively validates other investigations by the ICAC up to that decision and confirms that the ICAC is able to refer those investigations and any evidence gained by them to some other unspecified person or body The future of the ICAC s powers will be considered by a review which premier Baird had announced on 5 May to be headed by former High Court chief justice Murray Gleeson and to report by 10 July 31 Following the Cunneen decision the ICAC confirmed that it would agree to court orders that would declare invalid its findings against mine owner Travers Duncan and other businessmen involved in a mining venture over the Obeid family s farm 32 The number of earlier investigations affected has been estimated at between eight and at least 50 33 Duncan challenged the 2015 amendment act 34 claiming that it infringed the separation of powers established in the federal constitution which as settled in Kable flows through to the NSW courts by cross vesting On 9 September 2015 the High Court unanimously dismissed that appeal awarding costs against Duncan 35 36 Support and criticism Edit While the ICAC has received support from some sections of the media 37 38 it received substantial criticism in the wake of the Greiner and O Farrell resignations 39 40 41 42 43 In 1994 former Premier Neville Wran suggested that the then Government should consider ridding the ICAC legislation of its glaring abuses of civil rights In the wake of the findings of corruption against Eddie Obeid and Ian Macdonald Graham Richardson a former Labor Senator opined that the ICAC had caused collateral damage to innocent people citing Eric Roozendaal as an example 44 After O Farrell s resignation Bruce Baird a former State Deputy Liberal Leader who voted for the ICAC establishing legislation was quoted on ABC TV describing the commission as a Star Chamber that trashes peoples reputations 45 Professor Peter van Onselen also questioned the Star Chamber nature of the commission and its history of besmirching reputations 46 Former Victorian Premier Jeff Kennett suggested that the ICAC s actions with regard to O Farrell had been entrapment 47 while Chris Merritt of The Australian suggested that the investigation had been ludicrous and that it was Geoffrey Watson counsel assisting the ICAC who should have resigned instead 41 Nick Di Girolamo a witness before the ICAC in proceedings that led to the resignation of O Farrell lodged a compliant in 2014 with the NSW Bar Association about Watson s behaviour during the hearings 48 The Cunneen investigation was criticised in the light of the eventual High Court decision as having been heavy handed from the start 49 50 On the other hand in an editorial in the wake of the O Farrell resignation the Sydney Morning Herald quoted new NSW Premier Mike Baird that ICAC is doing exactly what it should do and it is something that I will sign up to 100 per cent the newspaper advocated creation of a federal equivalent 51 Likewise Australian Greens Senator Lee Rhiannon renewed the Greens long standing call for a national equivalent to ICAC 52 Calls for changes to how the ICAC operates following O Farrell s resignation were rejected by Professor Anne Twomey an expert in public and constitutional law at the University of Sydney because it was O Farrell who misled the ICAC breached the parliamentary code of conduct and failed to properly declare pecuniary interests 4 A more historical defence of the ICAC has been that it was set up by a Liberal government in an expectation shared fearfully by the Labor opposition that it would be in effect a standing royal commission into Labor and that Coalition members and supporters have been appalled that it has not turned out that way 53 As of mid December 2015 disputes continue 54 55 The Australian Federal Integrity Commission a proposed body responsible for the implementation of a national pro integrity framework with an emphasis on prevention 56 has been described as a federal ICAC 57 Commissioners EditUntil 2017 the ICAC was led by a single commissioner who served for a non renewable term of five years From 7 August 2017 this system was changed to a board comprising a chief commissioner and two part time commissioners appointed for a term of five years The following individuals have been appointed as commissioner since the commission s establishment Order Commissioner Term start Term end Term in office Notes1 Ian Temby QC 13 March 1989 1989 03 13 12 March 1994 1994 03 12 4 years 364 days The Honourable John Mant Acting 12 March 1994 1994 03 12 14 November 1994 1994 11 14 247 days2 The Honourable Barry O Keefe AM QC 14 November 1994 1994 11 14 13 November 1999 1999 11 13 4 years 364 days3 Irene Moss AO 14 November 1999 1999 11 14 13 November 2004 2004 11 13 4 years 365 days4 The Honourable Jerrold Cripps QC 14 November 2004 2004 11 14 13 November 2009 2009 11 13 4 years 364 days5 The Honourable David Ipp AO QC 16 November 2009 2009 11 16 24 January 2014 2014 01 24 4 years 69 days 58 6 The Honourable Megan Latham 28 January 2014 2014 01 28 30 November 2016 2016 11 30 2 years 307 days 59 60 The Honourable Reg Blanch QC Acting 30 November 2016 2016 11 30 7 August 2017 2017 08 07 250 days 61 Order Chief Commissioner Term start Term end Term in office Notes7 The Honourable Peter Hall QC 7 August 2017 2017 08 07 6 August 2022 2022 08 06 4 years 364 days 61 8 The Honourable John Hatzistergos AM 7 August 2022 2022 08 07 Incumbent Expires 6 August 2027 1 year 23 days 62 Part time commissioners Edit Commissioner Term start Term end Term in office NotesPatricia McDonald SC 7 August 2017 2017 08 07 6 August 2022 2022 08 06 4 years 364 daysStephen Rushton SC 7 August 2017 2017 08 07 6 August 2022 2022 08 06 4 years 364 daysHelen Murrell SC 7 August 2022 2022 08 07 Incumbent Expires 6 August 2027 1 year 23 days 62 Paul Lakatos SC 12 September 2022 2022 09 12 Incumbent Expires 11 September 2027 352 days 62 High profile cases EditAustralian Museum theft of over 2 000 zoological specimens 63 64 Gladys Berejiklian 65 66 67 City of Botany Bay City of Canterbury City of Rockdale Nick Greiner 68 69 70 71 Nola Fraser 72 Ian Macdonald 73 74 75 76 77 Daryl Maguire 78 Eddie Obeid 79 75 76 77 Orange Grove affair 80 Karyn Paluzzano 81 82 Eman Sharobeem 83 Rear Admiral Geoffrey Smith 84 See also Edit nbsp New South Wales portal nbsp Politics portalCrime in Sydney Independent Commissioner Against Corruption Northern Territory Independent Commission Against Corruption South Australia Royal Commission into the New South Wales Police ServiceReferences Edit a b c d e f g NSW Legislation nsw gov au Spicer David 16 November 2016 What is ICAC and why is everyone talking about it ABC News Retrieved 15 June 2018 Former anti corruption commissioners attack scandalous overhaul plan Australia ABC News 16 November 2016 Retrieved 4 June 2017 a b c d Whitbourn Michaela 19 April 2014 ICAC under threat of being silenced WAtoday Retrieved 19 April 2014 The Inspector of the Independent Commission Against Corruption Office of the Inspector of the Independent Commission Against Corruption Government of New South Wales Retrieved 14 April 2016 But not now police since 1996 the NSW Police Force has been subject to the Police Integrity Commission NSW Government s Independent Commission Against Corruption Overhaul Passes Parliament TimeBase 17 November 2016 Retrieved 23 November 2016 Greiner Nick 26 May 1988 Independent Commission Against Corruption Bill PDF Hansard Parliament of New South Wales p 673 Retrieved 23 January 2014 Snow Deborah 16 April 2014 Ghosts of past misdeeds lurk behind a career cut short The Sydney Morning Herald Retrieved 18 April 2014 a b Graycar Adam Prenzler Tim 2013 Understanding and Preventing Corruption Palgrave Macmillan p 16 ISBN 978 1137335098 Retrieved 17 April 2014 Dempster Quentin 17 April 2014 The star chamber that took down a premier The Drum Australian Broadcasting Corporation Retrieved 17 April 2014 ICAC recommends legislative changes to better manage lobbying Media Release Independent Commission Against Corruption 10 November 2010 Retrieved 11 April 2014 Grattan Michelle 16 April 2014 Barry O Farrell quits as NSW Premier over ICAC memory fail The Conversation Retrieved 17 April 2014 Whitbourn Michaela McClymont Kate 2 May 2014 Police Minister Mike Gallacher steps down after ICAC hears he was involved in corrupt scheme with Nathan Tinkler The Sydney Morning Herald Retrieved 2 May 2014 Howden Saffron 2 May 2014 Mike Gallacher had to resign over ICAC claim Mike Baird says The Sydney Morning Herald Retrieved 2 May 2014 The Australian 31 August 2016 page 11 a b Independent Commission Against Corruption v Cunneen 2015 HCA 14 AustLII Retrieved 17 April 2015 Whitbourn Michaela 16 April 2015 High Court rejects ICAC s bid to investigate Crown prosecutor Margaret Cunneen The Sydney Morning Herald Retrieved 17 April 2015 Whitbourn Michaela 16 April 2015 Crown prosecutor Margaret Cunneen clips ICAC s wings The Sydney Morning Herald Retrieved 17 April 2015 NSW Solicitor General 24 July 2015 Statement from NSW Solicitor General regarding a referral from the Independent Commission Against Corruption Sydney NSW Department of Justice Retrieved 25 July 2015 Whitbourn Michaela Nicholls Sean 25 July 2015 Margaret Cunneen will not be prosecuted over ICAC evidence Solicitor General advises The Sydney Morning Herald Retrieved 25 July 2015 Duncan v NSW 2015 HCA 13 AustLII Retrieved 17 April 2015 Mining Act 1992 NSW Schedule 6A Cancellation of certain authorities inserted by Mining Amendment ICAC Operations Jasper and Acacia Act 2014 NSW Whitbourn Michaela 21 April 2015 ICAC calls on state government to act quickly to amend Act following Margaret Cunneen decision The Sydney Morning Herald Retrieved 26 April 2015 Whitbourn Michaela 20 April 2015 ICAC Inspector David Levine slams watchdog and urges Baird government not to change act The Sydney Morning Herald Retrieved 26 April 2015 Nicholls Sean Whitbourn Michaela 25 April 2015 Premier Mike Baird vows to fix ICAC to ensure corruption charges stick The Sydney Morning Herald Retrieved 25 April 2015 Clennell Andrew 24 April 2015 Former ICAC head David Ipp critical of decision to pursue Margaret Cunneen The Daily Telegraph Sydney Retrieved 29 April 2015 Ipp David 27 April 2015 Why ICAC powers to investigate corruption must be restored The Sydney Morning Herald Retrieved 29 April 2015 Whitbourn Michaela 6 May 2015 New bill to validate ICAC findings rushed through state parliament The Sydney Morning Herald Retrieved 8 May 2015 Independent Commission Against Corruption Amendment Validation Act 2015 NSW Nicholls Sean Whitbourn Michaela 5 May 2015 ICAC s future to be decided by landmark review The Sydney Morning Herald Retrieved 8 May 2015 Nicholls Sean Whitbourn Michaela 23 April 2015 ICAC findings against Travers Duncan and others to be overturned The Sydney Morning Herald Retrieved 24 April 2015 Whitbourn Michaela 26 April 2015 At least 50 ICAC findings in doubt following High Court Cunneen ruling The Sydney Morning Herald Retrieved 27 April 2015 Whitbourn Michaela 8 May 2015 ICAC findings Travers Duncan and associates in constitutional challenge The Sydney Morning Herald Retrieved 8 May 2015 Whitbourn Michaela 10 September 2015 High Court rejects bid by mining mogul Travers Duncan to overturn laws passed to bolster ICAC s powers The Sydney Morning Herald Retrieved 10 September 2015 Duncan v Independent Commission Against Corruption 2015 HCA 32 in AustLII Ackland Richard 16 April 2014 ICAC architect Gary Sturgess should be a household name The Sydney Morning Herald Retrieved 18 April 2014 McClymont Kate 17 April 2014 Was ICAC or O Farrell wrong McClymont vs Henderson The Age from ABC Lateline Retrieved 18 April 2014 Hartcher Peter 16 April 2014 Barry O Farrell takes the fall but ICAC cops the heat The Age Retrieved 18 April 2014 Van Onselen Peter 17 April 2014 Another victim of a commission out of control The Australian Retrieved 18 April 2014 a b Merritt Chris 17 April 2014 The wrong man has resigned The Australian Retrieved 18 April 2014 Loane Sally 29 April 1994 ICAC Laws blot on NSW The Sydney Morning Herald Retrieved 18 April 2014 Moore Matthew Norington Brad 21 August 1992 ICAC in the hot seat The Sydney Morning Herald Retrieved 18 April 2014 Richardson Graham 2 August 2013 Labor Party drowning in guilt by association thanks to ICAC findings The Australian Retrieved 4 May 2014 Ferguson Sally 17 April 2014 Mike Baird elected NSW premier after Barry O Farrell resigns Australian Broadcasting Corporation Retrieved 17 April 2014 Van Onselen Peter 22 March 2014 Modern star chamber must be brought to account The Australian Retrieved 18 April 2014 Hatch Patrick 17 April 2014 O Farrell fall was entrapment says Kennett The Age Massoud Josh 10 August 2014 Nick Di Girolamo How I m hitting back at the ICAC The Sunday Telegraph Australia Retrieved 12 August 2014 Glegg Louise 16 April 2015 Important questions remain unanswered in Margaret Cunneen case The Sydney Morning Herald Retrieved 17 April 2015 Dempster Quentin 17 April 2015 Cunneen ruling High Court created a hair then split it The Sydney Morning Herald Retrieved 17 April 2015 ICAC s strengths put forward convincing case for federal equivalent The Sydney Morning Herald 17 April 2014 Retrieved 19 April 2014 Rhiannon Lee 17 April 2014 It s high time for a national corruption commission The Guardian Australian edition Retrieved 21 April 2014 Hawker Bruce 22 April 2014 The Coalition whinging about Icac is nothing new The Guardian Australian edition Retrieved 22 April 2014 Milbourn Michaela McClymont Kate 12 December 2015 Car crash and fake boobs make Margaret Cunneen s battle with ICAC great fodder for Sydney shock jocks The Sydney Morning Herald Retrieved 12 December 2015 Milbourn Michaela 14 December 2015 Former ICAC inspector slams flawed report on Cunneen inquiry The Sydney Morning Herald Retrieved 14 December 2015 AUSTRALIAN FEDERAL INTEGRITY COMMISSION BILL 2020 EXPLANATORY MEMORANDUM and STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS Parliament of Australia Retrieved 9 November 2020 After a 2 year delay Christian Porter has released a draft plan for Federal ICAC which wouldn t have the power to investigate the Badgerys Creek land deal What s the point australianlabor Australian Labor Party Archived from the original on 24 December 2021 Retrieved 9 November 2020 Nicholls Sean Whitbourn Michaela 24 October 2013 ICAC commissioner David Ipp announces retirement The Sydney Morning Herald Retrieved 23 January 2013 Hemsley Paul 4 November 2013 NSW officially names Justice Megan Latham as new ICAC GovernmentNews com au The Intermedia Group Archived from the original on 20 January 2014 Retrieved 23 January 2014 ICAC commissioner Megan Latham resigns Australia ABC News 23 November 2016 Retrieved 23 November 2016 a b Norington Brad 20 April 2017 Peter Hall QC named as revamped ICAC s new chief commissioner The Australian Retrieved 11 July 2018 a b c New Chief Commissioner and Commissioners recommended for appointment to ICAC NSW Government 22 June 2022 R v Van Leeuwen Caselaw New South Wales District Court 20 April 2007 Corruption Matters Issue 22 ICAC May 2003 p 1 Independent Commission Against Corruption announces investigation into NSW Premier The Sydney Morning Herald 1 October 2021 Retrieved 30 October 2022 Gladys Berejiklian being investigated by ICAC over relationship with former MP Daryl Maguire Australia ABC News 1 October 2021 Retrieved 30 October 2022 Further Operation Keppel public inquiry Independent Commission Against Corruption icac nsw gov au Retrieved 30 October 2022 Independent Commission Against Corruption 19 June 1992 Report on Investigation into the Metherell Resignation and Appointment PDF ISBN 0 7305 9882 9 Archived from the original PDF on 24 September 2015 Retrieved 18 February 2012 p 51 Brown Kevin 22 August 1992 Former NSW premier cleared Financial Times London The Financial Times Limited p 3 Michael Sexton 30 August 2006 ADMINISTRATIVE LAW THE NEW SOUTH WALES LANDSCAPE PDF Australian Institute of Administrative Law p 33 Archived from the original PDF on 12 April 2011 Greiner v ICAC 10 NSW 7 Australian Current Law Reporter Supreme Court NSW Court of Appeal 21 August 1992 ICAC makes no findings of corrupt conduct in relation to the Hon Craig Knowles MP Press release Independent Commission Against Corruption ICAC 13 April 2005 Retrieved 2 May 2014 ICAC finds corrupt conduct in relation to Doyles Creek coal exploration licence Press release Independent Commission Against Corruption 30 August 2013 Archived from the original on 4 March 2014 Retrieved 6 January 2014 Besser Linton Nicholls Sean 30 August 2013 Ian Macdonald found corrupt by ICAC again The Sydney Morning Herald Retrieved 6 January 2014 a b McClymont Kate 19 July 2021 Eddie Obeid Ian Macdonald and Moses Obeid found guilty over rigged tender The Sydney Morning Herald Retrieved 19 July 2021 a b Eddie Obied Ian Macdonald Moses Obeid found guilty of mine licence conspiracy Australia ABC News 19 July 2021 Retrieved 19 July 2021 a b Davies Anne 19 July 2021 Former NSW Labor ministers Eddie Obeid and Ian Macdonald found guilty of corruption charges Guardian Australia Retrieved 19 July 2021 Former NSW MP for Wagga Wagga allegations concerning breach of public trust to improperly gain a benefit Operation Keppel Independent Commission Against Corruption 1 September 2020 Retrieved 14 October 2020 Gerathy Sarah 15 December 2016 Eddie Obeid The rise reign and recession of NSW s most notorious political powerbroker Australia ABC News Retrieved 15 December 2016 Independent Commission Against Corruption August 2005 Report on investigation into planning decisions relating to the Orange Grove Centre Operations Sirius ICAC Archived from the original on 12 March 2011 Retrieved 12 February 2010 Charges recommended against ex MP Paluzzano Australia ABC News 13 July 2010 Retrieved 13 July 2010 Robins Brian 13 July 2010 NSW MP could face prosecution The Sydney Morning Herald Retrieved 13 July 2010 ICAC rules Australian of the Year finalist stole 750 000 from charities Australia ABC News 19 September 2018 Sydney Ferries misuse of corporate credit cards Operation Argyle Independent Commission Against Corruption Retrieved 25 November 2015 External links EditICAC web site ICAC Act second reading speech Retrieved from https en wikipedia org w index php title Independent Commission Against Corruption New South Wales amp oldid 1170627040, wikipedia, wiki, book, books, library,

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