In this practice area
Representing public officials, businesses and individuals in NSW ICAC investigations, including notices, compulsory examinations, public inquiries and responses to proposed findings.
What ICAC investigations are
The Independent Commission Against Corruption is established by the Independent Commission Against Corruption Act 1988 (NSW). It investigates allegations of corrupt conduct involving NSW public officials and public authorities, including conduct by private individuals and businesses that adversely affects the honest or impartial exercise of public official functions.
Private sector clients commonly become involved through procurement, planning and development approvals, grants, contracts with government agencies and councils, and relationships with public officials. People may be involved as witnesses, affected persons or subjects of the investigation.
The legal framework
Corrupt conduct is defined in sections 7, 8 and 9 of the Act, and section 9 limits it to conduct that could constitute a criminal offence, a disciplinary offence, reasonable grounds for dismissal, or, for Ministers and members of Parliament, a substantial breach of an applicable code of conduct. ICAC may require information and documents under sections 21 and 22, enter public premises, and apply for search warrants.
ICAC may conduct compulsory examinations in private under section 30 and public inquiries under section 31, where it is satisfied a public inquiry is in the public interest. Witnesses are summoned under section 35. Under section 37, a witness must answer questions and produce documents even if the answer may incriminate them, but if the witness objects, the evidence is not admissible against them in later criminal, civil or disciplinary proceedings, other than proceedings for offences under the ICAC Act. Legal representation may be authorised by the Commission. ICAC does not prosecute. It may make findings of corrupt conduct and recommend that the advice of the Director of Public Prosecutions be sought.
How these matters run
An investigation may begin privately with notices and interviews and progress to compulsory examinations. Witnesses may be subject to non-publication directions. If ICAC decides to hold a public inquiry, evidence is given publicly and is often reported in the media.
Before a report is published, persons against whom adverse findings may be made are generally given an opportunity to respond to proposed findings and submissions of counsel assisting. ICAC reports are tabled in the NSW Parliament and are public. The Inspector of the Independent Commission Against Corruption oversees ICAC's conduct.
How GopherWood Lawyers acts
We act for witnesses and affected persons from the first notice, advising on scope, privilege and confidentiality obligations. We prepare clients for compulsory examinations and public inquiries, seek authorisation to appear, and ensure objections are properly taken.
We prepare submissions in response to counsel assisting and proposed adverse findings, and advise on consequences, including referral to the DPP, employment and contractual effects and reputational management within legal limits.