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Inquiry Details

Review of the Independent Commission Against Corruption Act 1988

The ICAC Committee requested a judicial review of the Independent Commission Against Corruption Act 1988. The Premier, the Hon. Bob Carr MP, commissioned the Hon. Justice Jerrold Cripps QC to conduct the review, with a report on substantive matters relating to the Act to be completed by Friday 29 October 2004. On Thursday 28 October 2004 the Premier announced that the Hon. Justice Jerrold Cripps QC was the government's nomination for appointment as the new Commissioner of the Independent Commission Against Corruption on the retirement of Ms Irene Moss. The Premier also announced that the government would be recommending Mr Bruce McClintock SC to complete the review of the Act by the end of January 2005.

1. Review the Independent Commission Against Corruption Act 1988 to determine whether the terms of the Act remain appropriate for securing its objectives, without departing from the Government’s intention to retain the Independent Commission Against Corruption as an independent stand-alone corruption investigation body to ensure accountability in the public sector 2. Specifically consider as part of that review of the Independent Commission Against Corruption Act 1988: (a) whether the functions of the Independent Commission Against Corruption remain appropriate; (b) the definition of corrupt conduct, and the capacity of the Independent Commission Against Corruption to make findings of corrupt conduct; (c) the jurisdiction of the Independent Commission Against Corruption, including the application of the Act to public agencies, public officials, local government, government businesses, outsourced government functions and members of Parliament; (d) whether the Independent Commission Against Corruption’s powers are appropriate to meet its objectives; (e) the adequacy of accountability mechanisms for the Independent Commission Against Corruption; and (f) any other matters relating to the operation of the Act. The review is to report by Friday 29 October 2004 on all substantive issues arising during the course of the review, so that the incoming Commissioner is aware of possible proposals to amend the Independent Commission Against Corruption Act 1988 before taking office. The review may continue past this date to deal with matters of a minor or technical nature where these matters either cannot be resolved within the specified timeframe or where the consideration of the matters would benefit from the input of the new Commissioner. Submissions should be fowarded to: The Honourable Mr Jerrold Cripps, QC Inquiry into the Independent Commission Against Corruption Act 1988 Level 20, Goodsell Building 8-12 Chifley Square Sydney NSW 2000 The closing date for submissions is Friday 20 August 2004. For further information and contact details about this inquiry click on the following link. www.lawlink.nsw.gov.au/icacactinquiry


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