This content is exclusively provided by FAO / FAOLEX

Independent Commissioner Against Corruption Act 2017.

Country
Type of law
Legislation
Date of original text
Date of latest amendment
Source

Abstract
The object of this Act is to address wrongdoing in, or connected with, public administration by (a) preventing or minimising the occurrence of improper conduct; (b) improving public confidence that improper conduct will be detected and dealt with appropriately; (c) providing incentives and reducing disincentives to persons to assist in the detection, reporting, investigation, prosecution and prevention of improper conduct; and (d) protecting persons who put themselves at risk of harm by exposing or reporting improper conduct; and augmenting the Territory's existing framework for responding to improper conduct by establishing an Independent Commissioner Against Corruption (ICAC). The Commission is intended to investigate the most serious, systemic and sensitive improper conduct, to ensure that other improper conduct is dealt with, either by an appropriate existing entity or by the ICAC and coordinate a response and facilitate prosecution.
The application of the Act extends to the conduct occurring before the commencement of this Act, conduct occurring outside the Territory, and also to conduct engaged by a person or public body who has since ceased to be a public officer or ceased to be a public body or has ceased to exist. The Act distinguishes under the definition of improper conduct the following types: a) corrupt conduct; (b) misconduct; (c)unsatisfactory conduct; (d) anti-democratic conduct;(e) conduct constituting an offence against this Act; (f) conduct (the secondary conduct) engaged in by any person in relation to a primary conduct (paragraphs a-e) on the assumption that the primary conduct was an offence, whether or not the primary conduct was in fact an offence. The secondary conducts considered are those corresponding to the offences under following sections of the Criminal Code section 43BF (attempt); (b) section 43BG (complicity and common purpose); (c) section 43BH (innocent agency); (d) section 43BI (incitement); (e) section 43BJ (conspiracy)
Part 2 establishes the ICAC and lays down powers and functions. Part 7 contains provisions on appointment of ICAC, staffing and administration, offences, among others. Part 3 regulates how the ICAC operates in identifying and dealing with improper conduct; mandatory reporting of suspected improper conduct; audits and reviews; preliminary inquiries; referrals; investigations; public inquiries; reports, public statements, and recommendations. Part 4 contains general information-gathering powers of ICAC and Part 5 is on matters of confidentiality and privilege. Part 6 sets a Whistleblower protection mechanism.
Repealed
No
Source language

English

Legislation Amendment
No