Overview of Bill

The object of this Bill is to amend the Independent Commission Against Corruption
Act 1988 (the Act) to strengthen, and clarify the ambit of, certain powers of the
Independent Commission Against Corruption (the Commission) and the Inspector of
the Commission (the Inspector).

The Bill:

(a) makes it clear that the Commission has power to gather, assemble and furnish
evidence to the Director of Public Prosecutions for use in prosecutions after
the discontinuance or completion of its investigations (Schedule 1 [1] and
[2]), and

(b) broadens the powers of the Inspector by enabling the Inspector to report to
Parliament at any time on any matter relating to the exercise of the Inspector's
principal functions under section 57B of the Act if the Inspector considers a
report to be in the public interest (Schedule 1 [11]), and

(c) makes it clear that the Inspector may provide a report or recommendation (or
any relevant part of a report or recommendation) concerning any matter
relating to the Inspector's principal functions to the Commission, an officer of

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Explanatory note page 2

Independent Commission Against Corruption Amendment Bill 2011
Explanatory note
the Commission, a person who made a complaint or any other affected person
if the Inspector considers that the matter can be effectively dealt with by such
a recommendation or report (Schedule 1 [9]), and

(d) provides that section 40 of the Surveillance Devices Act 2007 does not prevent
the use, publication or communication of protected information within the
meaning of that Act for the purpose of the exercise of the Inspector's functions
under section 57B of the Act (Schedule 1 [10]), and

(e) permits a person who has been summonsed to appear at a compulsory
examination or public inquiry for the purpose of producing a document or
thing to produce the document or thing without appearing if excused from
appearance by the Commissioner for the Commission and for any document
or other thing so produced in accordance with the Commissioner's directions
to be privileged (Schedule 1 [3]-[8]), and

(f) makes it clear that the Industrial Relations Commission cannot deal with an
application under Part 6 (Unfair dismissals) of Chapter 2 of the Industrial
Relations Act 1996 by an officer of the Independent Commission Against
Corruption whose employment is terminated by the Commissioner
(Schedule 1 [12]), and

(g) provides for the making of savings and transitional regulations and makes
amendments of a savings and transitional or consequential nature
(Schedule 1 [13] and [14]).

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 contains the amendments described in the Overview above.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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