New South Wales: Independent Commission Against Corruption Act 1988 (NSW)

Independent Commission Against Corruption Act 1988 No 35 An Act to constitute the Independent Commission Against Corruption and to define its functions. Part 1 Preliminary 1 Name of Act This Act may be cited as the Independent Commission Against Corruption Act 1988. 2 Commencement This Act commences on a day or days to be appointed by proclamation. 2A Principal objects of Act The principal objects of this Act are— (a) to promote the integrity and accountability of public administration by constituting an Independent Commission Against Corruption as an independent and accountable body— (i) to investigate, expose and prevent corruption involving or affecting public authorities and public officials, and (ii) to educate public authorities, public officials and members of the public about corruption and its detrimental effects on public administration and on the community, and (b) to confer on the Commission special powers to inquire into allegations of corruption. 3 Definitions (1) In this Act— Assistant Commissioner means an Assistant Commissioner of the Commission appointed under section 6A. Assistant Inspector means an Assistant Inspector of the Independent Commission Against Corruption, appointed under this Act. authorised officer has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002. Chief Commissioner means the Chief Commissioner of the Commission appointed under section 5. Chief Executive Officer means the Chief Executive Officer of the Commission appointed under section 104. Commission means the Independent Commission Against Corruption constituted by this Act. Commissioner means the Chief Commissioner or other Commissioner of the Commission appointed under section 5. compulsory examination means a compulsory examination under this Act. conduct includes neglect, failure and inaction. corrupt conduct has the meaning given by Part 3. Inspector means the Inspector of the Independent Commission Against Corruption, appointed under this Act. investigate includes examine. investigation means an investigation under this Act, and (without limitation) includes a preliminary investigation referred to in section 20A. Joint Committee means the joint committee called the Committee on the Independent Commission Against Corruption, constituted under this Act. local government authority means a council, a county council or a joint organisation within the meaning of the Local Government Act 1993 or any person or body exercising all or any of the functions of such a council, county council or joint organisation. medical practitioner has the same meaning as in the Health Practitioner Regulation National Law (NSW). member of staff of the Commission means— (a) a member of staff appointed by the Chief Commissioner under section 104, or (b) a person whose services are made use of under section 104A or who performs services for the Commission under that section. officer of the Commission means— (a) a Commissioner, or (b) an Assistant Commissioner, or (c) a member of staff of the Commission, or (d) a person engaged by the Commission under section 104B to provide the Commission with services, information or advice. officer of the Inspector means the Inspector or a member of staff of the Inspector. premises includes any structure, building, aircraft, vehicle, vessel and place (whether built on or not), and any part thereof. psychologist has the same meaning as in the Health Practitioner Regulation National Law (NSW). public authority includes the following— (a) a Public Service agency or any other government sector agency within the meaning of the Government Sector Employment Act 2013, (b) a statutory body representing the Crown, (c) (Repealed) (d) an auditable entity within the meaning of the Government Sector Audit Act 1983, (e) a local government authority, (f) the NSW Police Force, (g) a body, or the holder of an office, declared by the regulations to be a body or office within this definition. public inquiry means a public inquiry under this Act. public official means an individual having public official functions or acting in a public official capacity, and includes any of the following— (a) the Governor (whether or not acting with the advice of the Executive Council), (b) a person appointed to an office by the Governor, (c) a Minister of the Crown, a member of the Executive Council or a Parliamentary Secretary, (d) a member of the Legislative Council or of the Legislative Assembly, (e) a person employed by the President of the Legislative Council or the Speaker of the Legislative Assembly or both, (e1) a person employed under the Members of Parliament Staff Act 2013, (f) a judge, a magistrate or the holder of any other judicial office (whether exercising judicial, ministerial or other functions), (g) a person employed in a Public Service agency or any other government sector agency within the meaning of the Government Sector Employment Act 2013, (h) an individual who constitutes or is a member of a public authority, (i) a person in the service of the Crown or of a public authority, (j) an individual entitled to be reimbursed expenses, from a fund of which an account mentioned in paragraph (d) of the definition of public authority is kept, of attending meetings or carrying out the business of any body constituted by an Act, (k) a member of the NSW Police Force, (k1) an accreditation authority or a registered certifier within the meaning of the Building and Development Certifiers Act 2018, (k2) an auditor within the meaning of the Water Industry Competition Act 2006, (l) the holder of an office declared by the regulations to be an office within this definition, (m) an employee of or any person otherwise engaged by or acting for or on behalf of, or in the place of, or as deputy or delegate of, a public authority or any person or body described in any of the foregoing paragraphs. search warrant means a search warrant issued under this Act. task force includes a body of persons that is similar to a task force, however the body is described. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) In this Act— (a) a reference to a function includes a reference to a power, authority and duty, and (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. (3) Notes included in this Act do not form part of this Act. Part 2 Constitution and management of Commission 4 Constitution of Commission (1) There is constituted by this Act a corporation with the corporate name of the Independent Commission Against Corruption. (2) The Commission has the functions conferred or imposed on it by or under this or any other Act. 5 The Commissioners (1) The Commission consists of a Chief Commissioner and 2 other Commissioners appointed by the Governor. (2) The Chief Commissioner is required to be consulted on the persons to be appointed as the 2 other Commissioners. (3) A Commissioner has and may exercise the functions conferred or imposed on a Commissioner by or under this or any other Act. (4) Schedule 1 contains provisions relating to the Commissioners. 5A (Repealed) 6 Exercise of Commission's functions (1) Except as otherwise provided by this section, the functions of the Commission are exercisable by a Commissioner, and any act, matter or thing done in the name of, or on behalf of, the Commission by a Commissioner is taken to have been done by the Commission. (2) A decision of the Commission to conduct a public inquiry under section 31 must be authorised by the Chief Commissioner and at least one other Commissioner. (3) Any such authorisation may be given in respect of a particular public inquiry or in respect of any public inquiry for a particular investigation or matter. (4) An Assistant Commissioner may, at the request of a Commissioner, act for the Commissioner for the purpose of giving any such authorisation if the Commissioner considers that there may be a conflict of interest in the matter. (5) A decision of the Commission referred to in subsection (2) is presumed to have been duly authorised under that subsection unless the contrary is established. (6) Except as provided by subsection (2), the decision of the Chief Commissioner prevails in the event of any inconsistency in the decisions of the Commissioners. (7) A reference in this Act to a compulsory examination or public inquiry before the Commission or anything done or omitted by, to or in relation to the Commission includes a reference to a compulsory examination or public inquiry before, or a thing done or omitted by, to or in relation to, a Commissioner or another officer of the Commission having authority in the circumstances. 6A Assistant Commissioners (1) The Governor may, with the concurrence of the Chief Commissioner, appoint one or more Assistant Commissioners of the Commission. (2) An Assistant Commissioner has and may exercise the functions conferred or imposed on an Assistant Commissioner by or under this or any other Act. (3) An Assistant Commissioner is to assist the Commission, as the Chief Commissioner requires. (4) Schedule 1 contains provisions relating to the Assistant Commissioners. 6B Management of affairs of Commission The Chief Executive Officer is responsible for the day to day management of the affairs of the Commission and for the implementation of the decisions of the Commissioners and Assistant Commissioners. Part 3 Corrupt conduct 7 Corrupt conduct (1) For the purposes of this Act, corrupt conduct is any conduct which falls within the description of corrupt conduct in section 8, but which is not excluded by section 9. (2) Conduct comprising a conspiracy or attempt to commit or engage in conduct that would be corrupt conduct under section 8 shall itself be regarded as corrupt conduct under section 8. (3) Conduct comprising such a conspiracy or attempt is not excluded by section 9 if, had the conspiracy or attempt been brought to fruition in further conduct, the further conduct could constitute or involve an offence or grounds referred to in that section. 8 General nature of corrupt conduct (1) Corrupt conduct is— (a) any conduct of any person (whether or not a public official) that adversely affects, or that could adversely affect, either directly or indirectly, the honest or impartial exercise of official functions by any public official, any group or body of public officials or any public authority, or (b) any conduct of a public official that constitutes or involves the dishonest or partial exercise of any of his or her official functions, or (c) any conduct of a public official or former public official that constitutes or involves a breach of public trust, or (d) any conduct of a public official or former public official that involves the misuse of information or material that he or she has acquired in the course of his or her official functions, whether or not for his or her benefit or for the benefit of any other person. (2) Corrupt conduct is also any conduct of any person (whether or not a public official) that adversely affects, or that could adversely affect, either directly or indirectly, the exercise of official functions by any public official, any group or body of public officials or any public authority and which could involve any of the following matters— (a) official misconduct (including breach of trust, fraud in office, nonfeasance, misfeasance, malfeasance, oppression, extortion or imposition), (b) bribery, (c) blackmail, (d) obtaining or offering secret commissions, (e) fraud, (f) theft, (g) perverting the course of justice, (h) embezzlement, (i) election bribery, (j) election funding offences, (k) election fraud, (l) treating, (m) tax evasion, (n) revenue evasion, (o) currency violations, (p) illegal drug dealings, (q) illegal gambling, (r) obtaining financial benefit by vice engaged in by others, (s) bankruptcy and company violations, (t) harbouring criminals, (u) forgery, (v) treason or other offences against the Sovereign, (w) homicide or violence, (x) matters of the same or a similar nature to any listed above, (y) any conspiracy or attempt in relation to any of the above. (2A) Corrupt conduct is also any conduct of any person (whether or not a public official) that impairs, or that could impair, public confidence in public administration and which could involve any of the following matters— (a) collusive tendering, (b) fraud in relation to applications for licences, permits or other authorities under legislation designed to protect health and safety or the environment or designed to facilitate the management and commercial exploitation of resources, (c) dishonestly obtaining or assisting in obtaining, or dishonestly benefiting from, the payment or application of public funds for private advantage or the disposition of public assets for private advantage, (d) defrauding the public revenue, (e) fraudulently obtaining or retaining employment or appointment as a public official. (3) Conduct may amount to corrupt conduct under subsection (1), (2) or (2A) even though it occurred before the commencement of that subsection, and it does not matter that some or all of the effects or other ingredients necessary to establish such corrupt conduct occurred before that commencement and that any person or persons involved are no longer public officials. (4) Conduct committed by or in relation to a person who was not or is not a public official may amount to corrupt conduct under this section with respect to the exercise of his or her official functions after becoming a public official. This subsection extends to a person seeking to become a public official even if the person fails to become a public official. (5) Conduct may amount to corrupt conduct under this section even though it occurred outside the State or outside Australia, and matters listed in subsection (2) or (2A) refer to— (a) matters arising in the State or matters arising under the law of the State, or (b) matters arising outside the State or outside Australia or matters arising under the law of the Commonwealth or under any other law. (6) The specific mention of a kind of conduct in a provision of this section shall not be regarded as limiting or expanding the scope of any other provision of this section. 9 Limitation on nature of corrupt conduct (1) Despite section 8, conduct does not amount to corrupt conduct unless it could constitute or involve— (a) a criminal offence, or (b) a disciplinary offence, or (c) reasonable grounds for dismissing, dispensing with the services of or otherwise terminating the services of a public official, or (d) in the case of conduct of a Minister of the Crown or Parliamentary Secretary or a member of a House of Parliament—a substantial breach of an applicable code of conduct. (2) It does not matter that proceedings or action for such an offence can no longer be brought or continued, or that action for such dismissal, dispensing or other termination can no longer be taken. (3) For the purposes of this section— applicable code of conduct means, in relation to— (a) a Minister of the Crown or Parliamentary Secretary—a ministerial code of conduct prescribed or adopted for the purposes of this section by the regulations, or (b) a member of the Legislative Council or of the Legislative Assembly (including a Minister of the Crown or Parliamentary Secretary)—a code of conduct adopted for the purposes of this section by resolution of the House concerned. criminal offence means a criminal offence under the law of the State or under any other law relevant to the conduct in question. disciplinary offence includes any misconduct, irregularity, neglect of duty, breach of discipline or other matter that constitutes or may constitute grounds for disciplinary action under any law. (4) Subject to subsection (5), conduct of a Minister of the Crown or Parliamentary Secretary or a member of a House of Parliament which falls within the description of corrupt conduct in section 8 is not excluded by this section if it is conduct that would cause a reasonable person to believe that it would bring the integrity of the office concerned or of Parliament into serious disrepute. (5) Without otherwise limiting the matters that it can under section 74A (1) include in a report under section 74, the Commission is not authorised to include a finding or opinion that a specified person has, by engaging in conduct of a kind referred to in subsection (4), engaged in corrupt conduct, unless the Commission is satisfied that the conduct constitutes a breach of a law (apart from this Act) and the Commission identifies that law in the report. (6) A reference to a disciplinary offence in this section and sections 74A and 74B includes a reference to a substantial breach of an applicable requirement of a code of conduct required to be complied with under section 440 (5) of the Local Government Act 1993, but does not include a reference to any other breach of such a requirement. 10 Complaints about possible corrupt conduct (1) Any person may make a complaint to the Commission about a matter that concerns or may concern corrupt conduct. Note 1— Protections may be available under the following provisions to persons who make a complaint under this section— (a) the Public Interest Disclosures Act 2022, Part 3—if the complaint is a public interest disclosure, (b) Part 8A—if the making of the complaint is protected action within the meaning of the Part. Note 2— The Public Interest Disclosures Act 2022, section 58 confers additional investigative powers on the Commission in relation to certain public interest disclosures. (2) The Commission may investigate a complaint or decide that a complaint need not be investigated. (3) The Commission may discontinue an investigation of a complaint. (4) If a prisoner informs the governor of the prison that the prisoner wishes to make a complaint under this section, the governor of the prison must— (a) take all steps necessary to facilitate the making of the complaint, and (b) send immediately to the Commission, unopened, any written matter addressed to the Commission. (5) For the purposes of subsection (4), prisoner and governor of a prison have the same meanings as inmate and governor have in the Crimes (Administration of Sentences) Act 1999. 11 Duty to notify Commission of possible corrupt conduct (1) This section applies to the following persons— (a) the Ombudsman, (b) the Commissioner of Police, (c) the principal officer of a public authority, (d) an officer who constitutes a public authority, (e) a Minister of the Crown. (2) A person to whom this section applies is under a duty to report to the Commission any matter that the person suspects on reasonable grounds concerns or may concern corrupt conduct. (2A) Despite subsection (2), the Commissioner of Police is not under a duty to report to the Commission any matter that concerns or may concern corrupt conduct of a police officer or administrative employee (within the meaning of the Law Enforcement Conduct Commission Act 2016) unless the Commissioner of Police suspects on reasonable grounds that the matter also concerns or may concern corrupt conduct of another public official. (2B) Despite subsection (2), the Commissioner for the New South Wales Crime Commission (the Crime Commissioner) is not under a duty to report to the Commission any matter that concerns or may concern corrupt conduct of a Crime Commission officer (within the meaning of the Law Enforcement Conduct Commission Act 2016) unless the Crime Commissioner suspects on reasonable grounds that the matter also concerns or may concern corrupt conduct of another public official. (3) The Commission may issue guidelines as to what matters need or need not be reported. (3A) A Minister of the Crown who is under a duty under this section to report a matter may (despite subsection (2)) report the matter either to the Commission or to the head of any agency responsible to the Minister. (4) This section has effect despite any duty of secrecy or other restriction on disclosure. (5) The regulations may prescribe who is the principal officer of a public authority, but in the absence of regulations applying in relation to a particular public authority, the principal officer is the person who is the head of the authority, its most senior officer or the person normally entitled to preside at its meetings. (6) The regulations may prescribe the principal officer of a separate office within a public authority as the principal officer of the public authority in relation to matters concerning the separate office. Part 4 Functions of Commission Division 1 Functions generally 12 Public interest to be paramount In exercising its functions, the Commission shall regard the protection of the public interest and the prevention of breaches of public trust as its paramount concerns. 12A Serious corrupt conduct and systemic corrupt conduct In exercising its functions, the Commission is, as far as practicable, to direct its attention to serious corrupt conduct and systemic corrupt conduct and is to take into account the responsibility and role other public authorities and public officials have in the prevention of corrupt conduct. 13 Principal functions (1) The principal functions of the Commission are as follows— (a) to investigate any allegation or complaint that, or any circumstances which in the Commission's opinion imply that— (i) corrupt conduct, or (ii) conduct liable to allow, encourage or cause the occurrence of corrupt conduct, or (iii) conduct connected with corrupt conduct, may have occurred, may be occurring or may be about to occur, (b) to investigate any matter referred to the Commission by both Houses of Parliament, (c) to communicate to appropriate authorities the results of its investigations, (d) to examine the laws governing, and the practices and procedures of, public authorities and public officials, in order to facilitate the discovery of corrupt conduct and to secure the revision of methods of work or procedures which, in the opinion of the Commission, may be conducive to corrupt conduct, (e) to instruct, advise and assist any public authority, public official or other person (on the request of the authority, official or person) on ways in which corrupt conduct may be eliminated and the integrity and good repute of public administration promoted, (f) to advise public authorities or public officials of changes in practices or procedures compatible with the effective exercise of their functions that the Commission thinks necessary to reduce the likelihood of the occurrence of corrupt conduct and to promote the integrity and good repute of public administration, (g) to co-operate with public authorities and public officials in reviewing laws, practices and procedures with a view to reducing the likelihood of the occurrence of corrupt conduct and to promoting the integrity and good repute of public administration, (h) to educate and advise public authorities, public officials and the community on strategies to combat corrupt conduct and to promote the integrity and good repute of public administration, (i) to educate and disseminate information to the public on the detrimental effects of corrupt conduct and on the importance of maintaining the integrity and good repute of public administration, (j) to enlist and foster public support in combating corrupt conduct and in promoting the integrity and good repute of public administration, (k) to develop, arrange, supervise, participate in or conduct such educational or advisory programs as may be described in a reference made to the Commission by both Houses of Parliament. (1A) Subsection (1) (d) and (f)–(h) do not extend to the conduct of police officers, Crime Commission officers or administrative employees within the meaning of the Law Enforcement Conduct Commission Act 2016. (2) The Commission is to conduct its investigations with a view to determining— (a) whether any corrupt conduct, or any other conduct referred to in subsection (1) (a), has occurred, is occurring or is about to occur, and (b) whether any laws governing any public authority or public official need to be changed for the purpose of reducing the likelihood of the occurrence of corrupt conduct, and (c) whether any methods of work, practices or procedures of any public authority or public official did or could allow, encourage or cause the occurrence of corrupt conduct. (2A) Subsection (2) (a) does not require the Commission to make a finding, on the basis of any investigation, that corrupt conduct, or other conduct, has occurred, is occurring or is about to occur. (3) The principal functions of the Commission also include— (a) the power to make findings and form opinions, on the basis of the results of its investigations, in respect of any conduct, circumstances or events with which its investigations are concerned, whether or not the findings or opinions relate to corrupt conduct, and (b) the power to formulate recommendations for the taking of action that the Commission considers should be taken in relation to its findings or opinions or the results of its investigations. (3A) The Commission may make a finding that a person has engaged or is engaging in corrupt conduct of a kind described in paragraph (a), (b), (c) or (d) of section 9 (1) only if satisfied that a person has engaged in or is engaging in conduct that constitutes or involves an offence or thing of the kind described in that paragraph. (4) The Commission is not to make a finding, form an opinion or formulate a recommendation which section 74B or 74BA prevents the Commission from including in a report, but section 9 (5) and this section are the only restrictions imposed by this Act on the Commission's powers under subsection (3). (5) The following are examples of the findings and opinions permissible under subsection (3) but do not limit the Commission's power to make findings and form opinions— (a) findings that particular persons have engaged, are engaged or are about to engage in corrupt conduct, (b) opinions as to— (i) whether the advice of the Director of Public Prosecutions should be sought in relation to the commencement of proceedings against particular persons for criminal offences against laws of the State, or (ii) whether consideration should or should not be given to the taking of other action against particular persons, (c) findings of fact. 13A Function of investigating matters referred by Electoral Commission (1) The Commission has the function of investigating conduct that may involve possible criminal offences under the Electoral Act 2017, the Electoral Funding Act 2018 or the Lobbying of Government Officials Act 2011 that the Electoral Commission refers to the Commission for investigation under this section. (2) The Electoral Commission may refer any such conduct to the Commission for investigation— (a) if there are reasonable grounds to suspect that the conduct may involve a possible criminal offence to which this section applies (as set out in subsection (9)), or (b) if the conduct is related to possible corrupt conduct that the Commission is already investigating, whether or not the time within which proceedings for the possible criminal offence may be instituted has expired. (3) After a preliminary investigation, the Commission is to discontinue the investigation if— (a) the conduct does not involve any possible criminal offence to which this section applies and is not related to possible corrupt conduct that the Commission is already investigating, and the Commission is not otherwise authorised to investigate the conduct, or (b) the Commission determines it should not carry out any further investigation. (4) Conduct may be referred under this section to the Commission for investigation whether or not it involves corrupt conduct. The fact that the conduct could be so referred does not prevent the Commission from investigating the conduct without a referral if it is otherwise authorised by this Act to do so. (5) The following matters are to be taken into account in determining whether conduct should be referred under this section for investigation and, if referred, whether the Commission should investigate— (a) the primary responsibility of the Electoral Commission to investigate and prosecute the possible criminal offences concerned, (b) the seriousness or systemic nature of the matter being investigated, (c) the complexity of the matter being investigated, (d) the relationship between the matter being investigated and any other ongoing investigation of the Electoral Commission, (e) the relationship between the matter being investigated and any other ongoing investigation of the Commission, (f) the availability of any other public authority or official with the responsibility or jurisdiction to investigate or prosecute the possible criminal offences concerned, (g) any other relevant matter. (6) The Electoral Commission, when it refers conduct for investigation under this section, must provide the Commission with a statement of the reasons it referred the matter for investigation. (7) The Commission, when it determines to investigate conduct referred under this section after a preliminary investigation, must provide the Electoral Commission with a statement of the reasons it determined to investigate the conduct. (8) A report of the Commission under section 74 that relates to an investigation under this section is to include the statements of reasons under subsections (6) and (7) in relation to the investigation. (9) This section applies to the following criminal offences— (a) Electoral Funding Act 2018— section 138 (7) (Provision of false or misleading documents and information), section 141 (Offences relating to disclosures of political donations and electoral expenditure), section 142 (Offences relating to assisting others lodging claims or disclosures), section 143 (Offences relating to caps on donations and expenditure), section 144 (1) (Offence relating to scheme to circumvent the donation or expenditure prohibitions or restrictions), section 145 (1) (Unlawful acts relating to donations etc), section 146 (False or misleading information), (b) Electoral Act 2017— section 72 (False statements), section 95 (4) (False child protection declarations), section 128 (4) (Questions to be put if voter challenged), section 160 (Protection of computer hardware and software), section 183 (Printing, publishing and distributing non-complying electoral material), section 189 (Encouraging ticks or crosses on ballot papers), section 209 (Electoral bribery, treating and selling of votes), section 210 (Interference with right to vote), section 212 (Impersonation and multiple voting), section 215 (Display, publish or distribute material falsely appearing to be made by Electoral Commission), section 216 (False or misleading declaration and statements), section 218 (Forging or uttering electoral papers), section 219 (Offence of stuffing ballot box), (c) Lobbying of Government Officials Act 2011— section 15 (Ban on success fees), section 18 (Cooling-off period for ex-Ministers and ex-Parliamentary Secretaries), (d) an offence against any of the above Acts, or the regulations under any of the above Acts, that is prescribed by the regulations for the purposes of this section. Section 117 (4) does not apply to a regulation made under paragraph (d). 14 Other functions of Commission (1) Other functions of the Commission are as follows— (a) to gather and assemble, during or after the discontinuance or completion of its investigations, evidence that may be admissible in the prosecution of a person for a criminal offence against a law of the State in connection with corrupt conduct and to furnish such evidence to the Director of Public Prosecutions, (a1) to gather and assemble, during or after the discontinuance or completion of an investigation into conduct under section 13A, evidence that may be admissible in the prosecution of a person for a criminal offence in connection with the conduct and to furnish such evidence to the Electoral Commission and (if considered appropriate) to the Director of Public Prosecutions, (b) to furnish, during or after the discontinuance or completion of its investigations, other evidence obtained in the course of its investigations (being evidence that may be admissible in the prosecution of a person for a criminal offence against a law of another State, the Commonwealth or a Territory) to the Attorney General or to the appropriate authority of the jurisdiction concerned. (1A) Evidence of the kind referred to in subsection (1) (a1) or (b) may be accompanied by any observations that the Commission considers appropriate and (in the case of evidence furnished to the Attorney General or the Electoral Commission) recommendations as to what action the Commission considers should be taken in relation to the evidence. (1B) A copy or detailed description of any evidence furnished to the appropriate authority of another jurisdiction, together with a copy of any accompanying observations, is to be furnished to the Attorney General. (2) If the Commission obtains any information in the course of its investigations relating to the exercise of the functions of a public authority, the Commission may, if it considers it desirable to do so— (a) furnish the information or a report on the information to the authority or to the Minister for the authority, and (b) make to the authority or the Minister for the authority such recommendations (if any) relating to the exercise of the functions of the authority as the Commission considers appropriate. (2A) A copy of any information or report furnished to a public authority under subsection (2), together with a copy of any such recommendation, is to be furnished to the Minister for the authority. (3) If the Commission furnishes any evidence or information to a person under this section on the understanding that the information is confidential, the person is subject to the secrecy provisions of section 111 in relation to the information. 15 Task forces The Commission may, in connection with its principal functions— (a) arrange for the establishment of task forces within the State, and (b) seek the establishment of joint task forces with authorities of the Commonwealth or other States or Territories, and (c) co-operate with State task forces, Commonwealth task forces, joint task forces or other task forces, and (d) co-ordinate or co-operate in co-ordinating any such task forces. 16 Co-operation with other agencies (1) In exercising its principal functions relating to the investigation of conduct, the Commission— (a) shall, as far as practicable, work in co-operation with law enforcement agencies, and (a1) shall, as far as practicable, work in co-operation with the Electoral Commission in connection with a referral by the Electoral Commission under section 13A, and (b) may work in co-operation with the Auditor-General, the Ombudsman, the Australian Crime Commission, the Australian Bureau of Criminal Intelligence and such other persons and bodies as the Commission thinks appropriate. (2) In exercising its other principal functions, the Commission shall, as far as practicable, work in co-operation with the Auditor-General, the Ombudsman, educational institutions, management consultants and such other persons and bodies as the Commission thinks appropriate. (3) The Commission may consult with and disseminate intelligence and information to law enforcement agencies, the Australian Crime Commission, the Australian Bureau of Criminal Intelligence and such other persons and bodies (including any task force and any member of a task force) as the Commission thinks appropriate. (4) If the Commission disseminates information to a person or body under this section on the understanding that the information is confidential, the person or body is subject to the secrecy provisions of section 111 in relation to the information. (5) In this section— law enforcement agency means— (a) the NSW Police Force, or (b) a police force of another State or Territory, or (c) the Australian Federal Police, or (d) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of the State, another State or a Territory. 17 Evidence and procedure (1) The Commission is not bound by the rules or practice of evidence and can inform itself on any matter in such manner as it considers appropriate. (2) The Commission shall exercise its functions with as little formality and technicality as is possible, and, in particular, the Commission shall accept written submissions as far as is possible and compulsory examinations and public inquiries shall be conducted with as little emphasis on an adversarial approach as is possible. (3) Despite subsection (1), section 127 (Religious confessions) of the Evidence Act 1995 applies to any compulsory examination or public inquiry before the Commission. 18 Court proceedings (1) The Commission may do any or all of the following— (a) commence, continue, discontinue or complete any investigation, (b) furnish reports in connection with any investigation, (c) do all such acts and things as are necessary or expedient for those purposes, despite any proceedings that may be in or before any court, tribunal, coroner, Magistrate or other person. (2) If the proceedings are proceedings for an indictable offence and are conducted by or on behalf of the Crown, the Commission must, to the extent to which the Commission thinks it necessary to do so to ensure that the accused's right to a fair trial is not prejudiced— (a) ensure that, as far as practicable, the investigation is conducted in private during the currency of the proceedings, and (b) give directions under section 112, having effect during the currency of the proceedings, and (c) defer making a report to Parliament in relation to the investigation during the currency of the proceedings. (2A) Subsection (2) does not apply— (a) (in the case of committal proceedings) before the commencement of the committal hearing, and (b) (in any other case) after the proceedings cease to be proceedings for the trial of a person before a jury. (3) This section has effect whether or not the proceedings commenced before or after the relevant investigation commenced and has effect whether or not the Commission or an officer of the Commission is a party to the proceedings. 19 Incidental powers (1) The Commission has power to do all things necessary to be done for or in connection with, or reasonably incidental to, the exercise of its functions, and any specific powers conferred on the Commission by this Act shall not be taken to limit by implication the generality of this section. (2) The Commission or an officer of the Commission may seek the issue of a warrant under the Surveillance Devices Act 2007. Division 2 Investigations 20 Investigations generally (1) The Commission may conduct an investigation on its own initiative, on a complaint made to it, on a report made to it or on a reference made to it. (2) The Commission may conduct an investigation even though no particular public official or other person has been implicated. (3) The Commission may, in considering whether or not to conduct, continue or discontinue an investigation (other than in relation to a matter referred by both Houses of Parliament), have regard to such matters as it thinks fit, including whether or not (in the Commission's opinion)— (a) the subject-matter of the investigation is trivial, or (b) the conduct concerned occurred at too remote a time to justify investigation, or (c) if the investigation was initiated as a result of a complaint—the complaint was frivolous, vexatious or not in good faith. (4) (Repealed) (5) If the Commission decides to discontinue or not to commence an investigation of a complaint or report made to it, the Commission must inform the complainant or officer who made the report in writing of its decision and the reasons for it. 20A Preliminary investigations (1) An investigation may be in the nature of a preliminary investigation. (2) A preliminary examination can be conducted, for example, for the purpose of assisting the Commission— (a) to discover or identify conduct that might be made the subject of a more complete investigation under this Act, or (b) to decide whether to make particular conduct the subject of a more complete investigation under this Act. (3) Nothing in this section affects any other provision of this Act. 21 Power to obtain information (1) For the purposes of an investigation, the Commission may, by notice in writing served on a public authority or public official, require the authority or official to produce a statement of information. (2) A notice under this section must specify or describe the information concerned, must fix a time and date for compliance and must specify the person (being a Commissioner, an Assistant Commissioner or any other officer of the Commission) to whom the production is to be made. (3) The notice may provide that the requirement may be satisfied by some other person acting on behalf of the public authority or public official and may, but need not, specify the person or class of persons who may so act. 22 Power to obtain documents etc (1) For the purposes of an investigation, the Commission may, by notice in writing served on a person (whether or not a public authority or public official), require the person— (a) to attend, at a time and place specified in the notice, before a person (being a Commissioner, an Assistant Commissioner or any other officer of the Commission) specified in the notice, and (b) to produce at that time and place to the person so specified a document or other thing specified in the notice. (2) The notice may provide that the requirement may be satisfied by some other person acting on behalf of the person on whom it was imposed and may, but need not, specify the person or class of persons who may so act. 23 Power to enter public premises (1) For the purposes of an investigation, a Commissioner or an officer of the Commission authorised in writing by a Commissioner may, at any time— (a) enter and inspect any premises occupied or used by a public authority or public official in that capacity, and (b) inspect any document or other thing in or on the premises, and (c) take copies of any document in or on the premises. (2) (Repealed) (3) The public authority or public official shall make available to a Commissioner or authorised officer such facilities as are necessary to enable the powers conferred by this section to be exercised. 24 Privilege as regards information, documents etc (1) This section applies where, under section 21 or 22, the Commission requires any person— (a) to produce any statement of information, or (b) to produce any document or other thing. (2) The Commission shall set aside the requirement if it appears to the Commission that any person has a ground of privilege whereby, in proceedings in a court of law, the person might resist a like requirement and it does not appear to the Commission that the person consents to compliance with the requirement. (3) The person must however comply with the requirement despite— (a) any rule which in proceedings in a court of law might justify an objection to compliance with a like requirement on grounds of public interest, or (b) any privilege of a public authority or public official in that capacity which the authority or official could have claimed in a court of law, or (c) any duty of secrecy or other restriction on disclosure applying to a public authority or public official or a former public authority or public official. 25 Privilege as regards entry on public premises (1) This section applies to the powers of entry, inspection and copying conferred by section 23. (2) The powers shall not be exercised if it appears to a Commissioner or authorised officer that any person has a ground of privilege whereby, in proceedings in a court of law, the person might resist inspection of the premises or production of the document or other thing and it does not appear to the Commissioner or authorised officer that the person consents to the inspection or production. (3) The powers may however be exercised despite— (a) any rule of law which, in proceedings in a court of law, might justify an objection to an inspection of the premises or to production of the document or other thing on grounds of public interest, or (b) any privilege of a public authority or public official in that capacity which the authority or official could have claimed in a court of law, or (c) any duty of secrecy or other restriction on disclosure applying to a public authority or public official. 26 Self-incrimination (1) This section applies where, under section 21 or 22, the Commission requires any person— (a) to produce any statement of information, or (b) to produce any document or other thing. (2) If the statement, document or other thing tends to incriminate the person and the person objects to production at the time, neither the fact of the requirement nor the statement, document or thing itself (if produced) may be used in any proceedings against the person (except proceedings for an offence against this Act or except as provided by section 114A (5)). (3) They may however be used for the purposes of the investigation concerned, despite any such objection. 27 Injunctions The Supreme Court may, on application made by the Commission, grant an injunction restraining any conduct in which a person (whether or not a public authority or public official) is engaging or in which such a person appears likely to engage, if the conduct is the subject of, or affects the subject of, an investigation or proposed investigation by the Commission. 28 Provisions relating to injunctions (1) The Supreme Court shall not grant an injunction under section 27 unless it is of the opinion that— (a) the conduct sought to be restrained is likely to impede the conduct of the investigation or proposed investigation, or (b) it is necessary to restrain the conduct in order to prevent irreparable harm being done because of corrupt conduct or suspected corrupt conduct. (2) The Commission shall not be required, as a condition for the granting of an injunction under section 27, to give any undertaking as to damages. 29 Powers exercisable whether or not compulsory examination or public inquiry being held Powers may be exercised under this Division in relation to an investigation whether or not a compulsory examination or public inquiry before the Commission is being held for the purposes of the investigation. Division 3 Compulsory examinations and public inquiries 30 Compulsory examinations (1) For the purposes of an investigation, the Commission may, if it is satisfied that it is in the public interest to do so, conduct a compulsory examination. (2) A compulsory examination is to be conducted by a Commissioner or by an Assistant Commissioner, as determined by a Commissioner. (3) A person required to attend a compulsory examination is entitled to be informed, before or at the commencement of the compulsory examination, of the nature of the allegation or complaint being investigated. (4) A failure to comply with subsection (3) does not invalidate or otherwise affect the compulsory examination. (5) A compulsory examination is to be conducted in private. Note— Section 17 (2) requires the Commission to conduct compulsory examinations with as little emphasis on an adversarial approach as possible. (6) The Commission may (but is not required to) advise a person required to attend a compulsory examination of any findings it has made or opinions it has formed as a result of the compulsory examination. 31 Public inquiries (1) For the purposes of an investigation, the Commission may, if it is satisfied that it is in the public interest to do so, conduct a public inquiry. (2) Without limiting the factors that it may take into account in determining whether or not it is in the public interest to conduct a public inquiry, the Commission is to consider the following— (a) the benefit of exposing to the public, and making it aware, of corrupt conduct, (b) the seriousness of the allegation or complaint being investigated, (c) any risk of undue prejudice to a person's reputation (including prejudice that might arise from not holding an inquiry), (d) whether the public interest in exposing the matter is outweighed by the public interest in preserving the privacy of the persons concerned. (3) (Repealed) (4) A public inquiry is to be conducted by a Commissioner or by an Assistant Commissioner, as determined by the Chief Commissioner. (5) At a public inquiry, the person presiding must announce the general scope and purpose of the inquiry. (6) A person required to attend a public inquiry is entitled to be informed of the general scope and purpose of the public inquiry and the nature of the allegation or complaint being investigated before or at the time the person is required to appear at the inquiry. (7) A failure to comply with subsection (6) does not invalidate or otherwise affect the public inquiry. (8) A public inquiry is to be held in public. (9) Despite subsection (8), the Commission may decide to hold part of the inquiry in private if it considers this to be in the public interest. (10) Without limiting subsection (9), the Commission may decide to hear closing submissions in private. This extends to a closing submission by a person appearing before the Commission or an Australian legal practitioner representing such a person, as well as to a closing submission by an Australian legal practitioner assisting the Commission as counsel. Note— Section 17 (2) requires the Commission to conduct public inquiries with as little emphasis on an adversarial approach as possible. 31A Directions as to presence of persons at compulsory examinations and public inquiries A Commissioner may give directions as to the persons who may be present at a compulsory examination or any part of a public inquiry that is held in private. A person must not be present in contravention of any such direction. Note— It is an offence to contravene a direction under section 31A—see section 85. 31B Procedural guidelines relating to public inquiries (1) The Commissioners are to issue guidelines relating to the conduct of public inquiries of the Commission to members of staff of the Commission and counsel appointed under section 106 to assist the Commission. (2) The guidelines are to provide guidance on the following aspects of the conduct of public inquiries— (a) the investigation of evidence that might exculpate affected persons, (b) the disclosure of exculpatory and other relevant evidence to affected persons, (c) the opportunity to cross-examine witnesses as to their credibility, (d) providing affected persons and other witnesses with access to relevant documents and a reasonable time to prepare before giving evidence, (e) any other matter the Commission considers necessary to ensure procedural fairness. (3) The Commission is to arrange for the guidelines to be tabled in both Houses of Parliament and to be published on a website maintained by the Commission. (4) In this section— affected person means a person against whom substantial allegations have been made in the course of or in connection with the public inquiry concerned. 32 Right of appearance of affected person If it is shown to the satisfaction of the Commission that any person is substantially and directly interested in any subject-matter of a public inquiry, the Commission may authorise the person to appear at the public inquiry or a specified part of the public inquiry. 33 Legal representation (1) The Commission may, in relation to a compulsory examination or public inquiry, authorise— (a) a person giving evidence at the compulsory examination or public inquiry, or (b) a person referred to in section 32, to be represented by an Australian legal practitioner at the compulsory examination or public inquiry or a specified part of the compulsory examination or public inquiry. (2) The Commission is required to give a reasonable opportunity for a person giving evidence at the compulsory examination or public inquiry to be legally represented. (3) An Australian legal practitioner appointed by the Commission to assist it may appear before the Commission. 33A Groups and unincorporated associations (1) A group or unincorporated association may be authorised to appear at a compulsory examination or public inquiry or authorised or required to give evidence at a compulsory examination or public inquiry. (2) Accordingly, references in sections 32 and 33, and in other provisions of this Act, to a "person" extend for this purpose to a group or unincorporated association. (3) However, this section does not affect the application in any other context of the principle that a reference to a word in the singular form includes a reference to the word in the plural form. 34 Examination and cross-examination (1) An Australian legal practitioner appointed by the Commission to assist it, or a person or a person's Australian legal practitioner authorised to appear at a compulsory examination or public inquiry, may, with the leave of the Commission, examine or cross-examine any witness on any matter that the Commission considers relevant. (2) Any witness so examined or cross-examined has the same protection and is subject to the same liabilities as if examined by a Commissioner or an Assistant Commissioner. 35 Power to summon witnesses and take evidence (1) A Commissioner may summon a person to appear before the Commission at a compulsory examination or public inquiry at a time and place named in the summons (the required appearance)— (a) to give evidence, or (b) to produce such documents or other things (if any) as are referred to in the summons, or both. (2) The person presiding at a compulsory examination or public inquiry before the Commission may require a person appearing at the compulsory examination or public inquiry to produce a document or other thing. (3) The Commission may, at a compulsory examination or public inquiry, take evidence on oath or affirmation and for that purpose— (a) the person presiding at the compulsory examination or public inquiry may require a person appearing at the compulsory examination or public inquiry to give evidence either to take an oath or to make an affirmation in a form approved by the person presiding, and (b) the person presiding, or a person authorised for the purpose by the person presiding, may administer an oath or affirmation to a person so appearing at the compulsory examination or public inquiry. (4) A witness who has been summoned to appear before the Commission shall appear and report himself or herself from day to day unless the witness is excused from appearance or until the witness is released from further appearance by the person presiding at the compulsory examination or public inquiry. (4A) A Commissioner may, by notice in writing, excuse a person who has been summoned to appear before the Commission and produce documents or other things from the required appearance on condition that the person (or a person acting on the person's behalf) produces those documents or things in accordance with any directions given by the Commissioner before the time of the required appearance. (5) A person who, without being excused or released under subsection (4) or (4A), fails to appear and report shall be taken to have failed to appear before the Commission in obedience to the summons. (5A) A person who, after being excused under subsection (4A) from the required appearance, fails to produce the documents or things concerned in accordance with the Commissioner's directions is taken to have failed to appear before the Commission in obedience to the summons. (6) A Judge or Magistrate may, on the application of a Commissioner, issue any summons that the Commissioner is authorised to issue under this section. (7) The purpose of subsection (6) is to enable the summons to be given the character of a summons issued by a judicial officer, for the purposes of the Service and Execution of Process Act 1901 of the Commonwealth and any other relevant law. 36 Arrest of witness (1) If a person served with a summons to attend the Commission as a witness fails to attend in answer to the summons, a Commissioner may, on proof by statutory declaration of the service of the summons, issue a warrant for the arrest of the witness. (2) If a Commissioner is satisfied by evidence on oath or affirmation that it is probable that a person whose evidence is desired and is necessary and relevant to an investigation under this Act— (a) will not attend before the Commission to give evidence without being compelled to do so, or (b) is about to or is making preparations to leave the State and the person's evidence will not be obtained by the Commission if the person departs, the Commissioner may issue a warrant for the arrest of the person. (3) A Commissioner is authorised to administer an oath or affirmation for the purposes of subsection (2). (4) A warrant may be issued under subsection (2) without or before the issue of a summons to the person whose evidence is desired. (5) A warrant may be issued under subsection (2) after the issue of a summons to the person whose evidence is desired, even though the time named in the summons for the person to attend has not yet passed. (6) A warrant under this section authorises the arrest of the witness and his or her being promptly brought before the Commission and detained in a prison or elsewhere for that purpose until released by order of a Commissioner. (7) A warrant issued under this section may be executed by any member of the NSW Police Force, or by any person to whom it is addressed, and the person executing it may use such force as is reasonably necessary for the purpose of entering any premises for the purpose of executing it. (8) The issue of a warrant or the arrest of a witness does not relieve the witness from any liability incurred by the witness for non-compliance with a summons. 36A Conditional release of witness (1) The release of a witness by order of a Commissioner under section 36 (6) may (but need not) be made subject to one or more of the following conditions (or any other conditions)— (a) that the witness appear and report himself or herself before the Commission in accordance with the terms of the order unless excused from attendance or until released from further attendance by the person presiding at the relevant compulsory examination or public inquiry of the Commission, and (b) conditions for the purpose of ensuring the further attendance of the witness before the Commission (for example the provision of sureties by the witness, the surrender of any passport held by the witness, a requirement as to where the witness is to live and regular reporting by the witness to the Commission). (2) From time to time, a Commissioner may by order amend, revoke or add to those conditions. 36B Review by Supreme Court (1) A witness who has not been released by a Commissioner under section 36 (6) or whose release under that subsection is subject to one or more conditions may apply to the Supreme Court for a review of the decision not to release or failure to release the witness or of the terms of one or more of those conditions. (2) The Supreme Court may affirm or set aside a decision by a Commissioner not to release the witness or any condition imposed by a Commissioner on the release of the witness. The Supreme Court may also or instead make any order that a Commissioner may make in relation to the detention or release of the witness. The Court may do so also where a Commissioner has not made any decision within a reasonable time on the release of the witness. (3) Such an order is taken to be an order of a Commissioner. 37 Privilege as regards answers, documents etc (1) A witness summoned to attend or appearing before the Commission at a compulsory examination or public inquiry is not entitled to refuse— (a) to be sworn or to make an affirmation, or (b) to answer any question relevant to an investigation put to the witness by the Commiss