What Is the ICAC Act and What Does It Do?
Established in 1988, the NSW Independent Commission Against Corruption (ICAC) is an independent organisation tasked with investigating and exposing corruption and corrupt behaviour in the NSW public sector to prevent breaches of public trust and ensure that the integrity and reputation of public administration is protected.
The commission was established by the Independent Commission Against Corruption Act 1988 (“The Act”), and includes several sections – namely sections 7, 8, and 9, respectively that identify which sections of The Act address corrupt conduct, provide examples of corrupt conduct (“general nature of corrupt conduct”), and limitations to what The Act defines as corrupt conduct (“limitation on nature of corrupt conduct”).
Who Does It Affect?
Upon establishment in 1988, it was determined that the primary function of the commission and The Act was to focus on reducing corruption in the public sector in New South Wales.
Principal Focus of the Act
The Act’s focus is primarily centred around public officials and public authorities, i.e., individuals who have “public official functions or acting in a public official capacity” and government agencies, administrative offices, teaching services, local government authorities, statutory bodies representing the crown, and members of parliament, amongst others.
Act Requirements
It is important to remember that for conduct to be consider corrupt by The Act, it must involve a NSW public official or public authority.
Limitations of Jurisdiction
The commission cannot, however, investigate all public organisations, with several public organisations falling outside its remit, including:
- The NSW police force
- NSW crime commission
- Federal government and affiliated agencies
- Private sector
External Regulatory Bodies
For those organisations that fall outside the scope of The Act, there exist appropriate regulatory bodies that can be contacted to raise concerns regarding corruption. For example, in matters involving the NSW police force and corruption, such matters would be handled by the Law Enforcement Conduct Commission.
Exceptions to the Rule
That said, per ICAC’s own words, “ICAC retains jurisdiction to investigate corruption by police officers when it also involves other public officials who are not police” and in matters concerning private officials ICAC has no jurisdiction “except when these may corruptly affect the way NSW public officials carry out their duties”.
Examples that ICAC cites in relation to the above includes private companies who offer bribes (e.g., tenders) to NSW public officials or threaten NSW public officials to not report legislative breaches.
Signs/Causes of Corruption and Why We Need the Act
ICAC is fundamentally concerned with ensuring that the public trust is not breached by public officials and bodies, and that public confidence in public administration is not impaired.
Corruption can occur due to any number of reasons, including:
- unclear and underenforced policies and ethical standards;
- poor training, audits, reporting lines;
- inappropriate relationships with external stakeholders, and;
- an organisational willingness to take shortcuts and break rules.
Key Takeaways
Sections 7-9 of The Act establish the scope and definitions of corruption and corrupt conduct and how to understand each from the perspective of a private citizen, a public person, and an organisation, and the importance of ensuring integrity and avoiding disrepute in the public sector, to ensure that public trust in the state government is maintained.
