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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Independent Commission Against
Corruption Amendment (Disclosure of
Information) Bill 2016
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to protect persons who lodge complaints about corrupt conduct with the
Independent Commission Against Corruption, or who otherwise voluntarily give statements or
documents to the Commission, from any criminal or civil liability that might otherwise arise as a
result of the complaint, statement or document, including liability for defamation or breach of
confidentiality and the taking of disciplinary action by a professional organisation.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.
Schedule 1 Amendment of Independent Commission Against
Corruption Act 1988 No 35
Schedule 1 [2] protects a person who voluntarily gives any statement of information, or produces
any document or thing, to the Independent Commission Against Corruption in good faith in
connection with a complaint or an investigation from civil or criminal liability, and from
disciplinary proceedings, in relation to the statement or production.
Schedule 1 [3] remakes and extends an existing provision that gives qualified protection to natural
persons from self-incrimination, so that it applies to the making of voluntary statements, and the
b2016-137.d07
Independent Commission Against Corruption Amendment (Disclosure of Information) Bill 2016 [NSW]
Explanatory note
voluntary production of documents or things, by a natural person. Schedule 1 [1] and [4] make
consequential amendments.
Page 2
Introduced by Mr J T Parker, MP First print
New South Wales
Independent Commission Against
Corruption Amendment (Disclosure of
Information) Bill 2016
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Independent Commission Against Corruption Act
1988 No 35 3
b2016-137.d07
New South Wales
Independent Commission Against
Corruption Amendment (Disclosure of
Information) Bill 2016
No , 2016
A Bill for
An Act to amend the Independent Commission Against Corruption Act 1988 to protect individuals
who voluntarily disclose information to the Commission from criminal or civil liability in
connection with that disclosure.
Independent Commission Against Corruption Amendment (Disclosure of Information) Bill 2016 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Independent Commission Against Corruption Amendment 3
(Disclosure of Information) Act 2016. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Independent Commission Against Corruption Amendment (Disclosure of Information) Bill 2016 [NSW]
Schedule 1 Amendment of Independent Commission Against Corruption Act 1988 No 35
Schedule 1 Amendment of Independent Commission Against 1
Corruption Act 1988 No 35 2
[1] Section 26 Self-incrimination 3
Omit the section. 4
[2] Section 109 Protection from liability 5
Omit section 109 (5) and (6). Insert instead: 6
(5) A person is not subject to any criminal or civil liability for compliance, or 7
purported compliance, with a requirement of this Act and no action, claim, 8
demand or disciplinary action may be taken against or made of the person in 9
relation to that compliance or purported compliance. 10
(6) A person who voluntarily gives any statement of information or produces any 11
document or thing to the Commission in good faith in connection with a 12
complaint made to, or an investigation conducted by, the Commission about a 13
matter that concerns or may concern corrupt conduct is not subject to any 14
criminal or civil liability for giving the statement of information or producing 15
the document or thing and no action, claim, demand or disciplinary action may 16
be taken against or made of the person in relation to the statement or 17
production. 18
(7) This section has effect despite any duty of secrecy or confidentiality or any 19
other restriction on disclosure (whether or not imposed by an Act) applicable 20
to the relevant person. 21
[3] Section 109A 22
Insert after section 109: 23
109A Self-incrimination 24
(1) This section applies where a natural person gives any statement of information 25
or produces any document or thing to the Commission in good faith: 26
(a) in connection with a complaint made to, or an investigation conducted 27
by, the Commission about a matter that concerns or may concern 28
corrupt conduct, or 29
(b) pursuant to a requirement of the Commission under section 21 or 22. 30
(2) If the statement, document or thing tends to incriminate the person and the 31
person objects to the giving or production at the time, neither the fact of the 32
requirement nor the statement, document or thing itself (if produced) may be 33
used in any proceedings against the person (except proceedings for an offence 34
against this Act or except as provided by section 114A (5)). 35
(3) The statement, document or thing may however be used for the purposes of the 36
complaint or investigation concerned, despite any such objection. 37
Page 3
Independent Commission Against Corruption Amendment (Disclosure of Information) Bill 2016 [NSW]
Schedule 1 Amendment of Independent Commission Against Corruption Act 1988 No 35
[4] Section 114A Disciplinary proceedings--taking action based on finding of corrupt 1
conduct 2
Omit "sections 26 and 37" from section 114A (5). Insert instead "sections 37 and 109A". 3
Page 4
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