Today the Acting Independent Commissioner Against Corruption has issued new directions and guidelines pursuant to section 22 of the Independent Commissioner Against Corruption Act 2017 (ICAC Act).
The mandatory guidelines here have been reviewed and updated to provide clear direction on the information which must be provided when making a mandatory report to the Office of the ICAC.
This relevant provision states:
A public officer must report to the ICAC suspected corrupt conduct or anti-democratic conduct, unless the public officer knows that the conduct has already been reported to the ICAC.
A report must contain sufficient particulars to enable the ICAC to properly assess the matter and discharge the statutory functions under the ICAC Act. This includes, where known or reasonably able to be obtained:
the name or identifying details of the person(s) alleged to have engaged in the conducta description of the alleged conduct and why it may amount to improper conductthe relevant dates, locations, and circumstancesany supporting information or documents.
Public officers and public bodies must take reasonable steps to obtain and provide details that are readily accessible to them. A report that does not contain sufficient particulars, such as the identity of the person(s) or the nature of the conduct, will not satisfy the mandatory reporting obligations under these directions.
A public officer should make a report to the ICAC as soon as practicable after the public officer forms a suspicion about the conduct.
Section 79 of the ICAC Act makes it clear that there is no obligation of secrecy or confidentiality or other restriction on a public officer providing information to the ICAC. Further, there is no privilege on the grounds of public interest immunity or client legal privilege in favour of the Territory. All information provided to the ICAC will be treated in accordance with confidentiality and privacy principles.
Greg Shanahan PSM
Acting Independent Commissioner Against Corruption
