What are the powers of the NSW Independent Commission Against Corruption?

Jul 12, 2023 | Publication

The Independent Commission Against Corruption (ICAC) has received considerable media attention lately particularly following the publication of the Operation Keppel investigation report which included reference to former premier, Gladys Berejiklian.

ICAC has wide ranging powers including as set out in the Independent Commission Against Corruption Act 1988.

The powers include:

  1. To 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 (section 20).
  2. To require a public authority or public official to produce a statement of information (section 21).
  3. By notice in writing to require a person to attend at a time and place specified in the notice before a person being a Commissioner, an Assistant Commissioner or any other officer of the Commission and to produce at that time and place to the person so specified a document or other thing specified in the notice (section 22).
  4. Enter and inspect any premises occupied or used by a public authority or public official in that capacity and inspect any document or other thing in or on the premises and take copies of any document in or on the premises (section 23).
  5. To conduct a compulsory examination if the Commission is satisfied that it is in the public interest to do so (section 30).
  6. To conduct a public inquiry if the Commission is satisfied that it is in the public interest to do so (section 31).
  7. To summon a person to appear before the Commission at a compulsory examination or public inquiry (section 35).
  8. To issue a warrant for the arrest of a witness (section 36).
  9. To issue a search warrant (section 40).
  10. To recommend to the Attorney General that a person be granted under section 32 of the Criminal Procedure Act 1986) an indemnity from prosecution (section 49).
  11. Before or after investigating a matter (whether or not the investigation is completed, and whether or not the Commission has made any findings) refer the matter for investigation or other action to any person or body considered by the Commission to be appropriate in the circumstances (section 53).
  12. To prepare reports in relation to any matter that has been or is the subject of an investigation (section 74).

It is important to obtain prompt legal advice in relation to rights and responsibilities concerning ICAC.  Our solicitors have extensive experience with ICAC matters.  To contact one of our solicitors please telephone (02) 9633 1826 or email reception@mcauleylawyers.com.au

The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources. If you do not wish to receive newsletters from us, please let us know.

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