New South Wales Consolidated Acts

INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988

- As at 23 September 2024 
- Act 35 of 1988 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   2A.     Principal objects of Act
   3.      Definitions

   PART 2 - CONSTITUTION AND MANAGEMENT OF COMMISSION

   4.      Constitution of Commission
   5.      The Commissioners
   5A.     (Repealed)
   6.      Exercise of Commission's functions
   6A.     Assistant Commissioners
   6B.     Management of affairs of Commission

   PART 3 - CORRUPT CONDUCT

   7.      Corrupt conduct
   8.      General nature of corrupt conduct
   9.      Limitation on nature of corrupt conduct
   10.     Complaints about possible corrupt conduct
   11.     Duty to notify Commission of possible corrupt conduct

   PART 4 - FUNCTIONS OF COMMISSION

           Division 1 - Functions generally

   12.     Public interest to be paramount
   12A.    Serious corrupt conduct and systemic corrupt conduct
   13.     Principal functions
   13A.    Function of investigating matters referred by Electoral Commission
   14.     Other functions of Commission
   15.     Task forces
   16.     Co-operation with other agencies
   17.     Evidence and procedure
   18.     Court proceedings
   19.     Incidental powers

           Division 2 - Investigations

   20.     Investigations generally
   20A.    Preliminary investigations
   21.     Power to obtain information
   22.     Power to obtain documents etc
   23.     Power to enter public premises
   24.     Privilege as regards information, documents etc
   25.     Privilege as regards entry on public premises
   26.     Self-incrimination
   27.     Injunctions
   28.     Provisions relating to injunctions
   29.     Powers exercisable whether or not compulsory examination or public inquiry being held

           Division 3 - Compulsory examinations and public inquiries

   30.     Compulsory examinations
   31.     Public inquiries
   31A.    Directions as to presence of persons at compulsory examinations and public inquiries
   31B.    Procedural guidelines relating to public inquiries
   32.     Right of appearance of affected person
   33.     Legal representation
   33A.    Groups and unincorporated associations
   34.     Examination and cross-examination
   35.     Power to summon witnesses and take evidence
   36.     Arrest of witness
   36A.    Conditional release of witness
   36B.    Review by Supreme Court
   37.     Privilege as regards answers, documents etc
   38.     Declaration as to objections by witness
   39.     Attendance of prisoner before Commission

           Division 4 - Search warrants

   40.     Issue of search warrant
   41.     Authority conferred by warrant
   42.     Duty to show warrant
   43.     Use of force
   44.     Use of assistants to execute warrant
   45.     Execution of warrant by day or night
   46.     Expiry of warrant
   47.     Seizure pursuant to warrant--special provisions
   48.     Search warrants

           Division 4A - Disposal of property

   48A.    Application to property
   48B.    Disposal of property on application to court
   48C.    Application to Treasurer for recovery of money or proceeds of sale
   48D.    Courts having jurisdiction under this Division

           Division 5 - Miscellaneous

   49.     Indemnities and undertakings
   50.     (Repealed)
   51.     Reimbursement of expenses of witnesses
   52.     Legal and financial assistance for witness
   52A.    Investigative powers exercisable after completion of Commission's investigations for purposes of prosecutions

   PART 5 - REFERRAL OF MATTERS BY COMMISSION

   53.     Referral of matter
   54.     Report to Commission
   55.     Further action by Commission
   56.     Responsibility of relevant authority
   57.     Revocation of referral, recommendation etc

   PART 5A - INSPECTOR OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION

   57A.    Inspector of the Independent Commission Against Corruption
   57AA.   Assistant Inspector
   57AB.   (Repealed)
   57B.    Principal functions of Inspector
   57C.    Powers of Inspector
   57D.    Inquiries
   57E.    Staff of Inspector
   57F.    Incidental powers
   57G.    Former officers of the Commission

   PART 6 - (Repealed)
   None

   PART 7 - PARLIAMENTARY JOINT COMMITTEE

   63.     Constitution of Joint Committee
   64.     Functions
   64A.    Power to veto proposed appointment of a Commissioner or the Inspector
   65.     Membership
   66.     Vacancies
   67.     Chair and Deputy Chair
   68.     Procedure
   68A.    Procedure if Parliament not in session
   69.     Evidence
   70.     Confidentiality
   71.     Application of certain Acts etc
   72.     Validity of certain acts or proceedings

   PART 7A - PARLIAMENTARY ETHICAL STANDARDS

           Division 1 - Legislative Council

   72A.    Definition
   72B.    Designation of committee
   72C.    Functions of committee

           Division 2 - Legislative Assembly

   72D.    Definition
   72DA.   Designation of committee
   72E.    Functions of committee
           72F-72K. (Repealed)

   PART 8 - REFERENCES BY AND REPORTS TO PARLIAMENT

           Division 1 - References to Commission by, and reports by Commission to, Parliament

   73.     References by Parliament
   74.     Reports on referred matters etc
   74A.    Content of reports to Parliament
   74B.    Report not to include findings etc of guilt or recommending prosecution
   74BA.   Report may only include findings etc of serious corrupt conduct
   74C.    Reports relating to local government and planning authorities
   74D.    Reports relating to Aboriginal Land Councils
   74E.    Publication of information about time within which investigations and reports on referred matters to be completed
   75.     Special reports
   76.     Annual reports
   77.     Reports relating to authorities

           Division 2 - Reports by Inspector

   77A.    Special reports
   77B.    Annual reports of Inspector

           Division 3 - General

   78.     Provisions relating to reports
   79.     References to Presiding Officers
   79A.    Right of response to reports of Commission or Inspector containing adverse findings

   PART 8A - PROTECTIONS FOR PERSONS ASSISTING COMMISSION OR INSPECTOR

           Division 1 - Preliminary

   79B.    Objects of Part
   79C.    Interpretation
   79D.    Meaning of "protected action" and "limited protected action"
   79E.    Meaning of "protected obligation"
   79F.    Reasonable management action not prevented
   79G.    Other provisions not affected

           Division 2 - Protections

   79H.    Limitation on protections for limited protected action
   79I.    Detrimental action offence
   79J.    Detrimental action--recovery of damages
   79K.    Employer liability for detrimental action by employee
   79L.    Injunctions relating to detrimental action
   79M.    Immunity from costs orders
   79N.    Detrimental action--relationship between criminal and civil proceedings
   79O.    Protections from liability
   79P.    Undertakings
   79Q.    Identifying information not to be disclosed

           Division 3 - Additional provisions

   79R.    Referrals of evidence
   79S.    Arrangements for protection
   79T.    Additional protections for witnesses

   PART 9 - CERTAIN OFFENCES

   80.     Obstruction of Commission, Inspector and others
   81.     Complaints about possible corrupt conduct
   82.     Offences relating to obtaining information
   83.     Offences relating to obtaining documents etc
   84.     Obstruction of person executing search warrant
   85.     Compulsory examinations and public inquiries
   86.     Failure to attend etc
   87.     False and misleading evidence
   88.     Offences relating to documents or other things
   89.     Procuring false testimony by witness
   90.     Bribery of witness
   91.     Fraud on witness
   92.     Preventing witness from attending
           93, 94. (Repealed)
   95.     Impersonation of officer of Commission
   96.     Bribery of officer of Commission

   PART 10 - CONTEMPT OF COMMISSION

   97.     Definition
   98.     Contempt in the face or hearing of the Commission
   99.     Punishment of contempt
   100.    General provisions regarding contempt
   100A.   Conditional release of offender
   100B.   Review by Supreme Court
   101.    Act or omission that is both an offence and contempt

   PART 10A - SPECIAL POWERS

   101A.   Definitions
   101B.   Commission investigator who is seconded police officer to have all powers of NSW police officer

   PART 11 - MISCELLANEOUS

   102.    Act binds Crown
   103.    (Repealed)
   104.    Appointment of Chief Executive Officer and other staff
   104A.   Arrangements for use of services of other staff
   104B.   Commission may engage consultants
   104C.   Vetting of prospective staff or consultants
   104D.   Safeguards relating to use of vetting information
   105.    Powers of seconded police
   106.    Counsel assisting Commission
   107.    Delegation
   108.    Service of documents
   109.    Protection from liability
   110.    Disclosure of pecuniary interests and other matters
   111.    Secrecy
   111A.   Secrecy provisions in other Acts
   111B.   Privacy and Personal Information Protection Act 1998
   111C.   Relationship with Ombudsman regarding conduct of Commission and Inspector
   111D.   Complaints by public officials
   111E.   Relevant public authority or official response to corruption prevention recommendations of Commission
   111F.   Parliamentary office holder
   112.    Restriction on publication of evidence
   113.    Evidence in criminal proceedings
   114.    Disclosures prejudicing investigations
   114A.   Disciplinary proceedings--taking action based on finding of corrupt conduct
   115.    Penalties for offences committed by corporations
   116.    Proceedings for offences
   117.    Regulations
   117A.   Savings, transitional and other provisions
           118-121. (Repealed)
   122.    Parliament
           SCHEDULE 1
           SCHEDULE 1A
           Schedule 2 (Repealed)
           SCHEDULE 3
           SCHEDULE 4