Frequently asked questions

About the ICAC

Does the ICAC investigate every report of suspected corruption that it receives?
Every report the ICAC receives is carefully assessed, but investigation is only one of the options open to the ICAC. Reports may also be referred back to the relevant public authority for action, referred to other agencies if they are outside the ICAC's jurisdiction or used as the basis for corruption prevention work with the relevant public authority.
Can the ICAC deal with allegations of corruption against Members of the NSW Parliament and NSW judges and magistrates?
Yes, because Members of Parliament, magistrates and holders of judicial office are public officials within the meaning of the ICAC Act.
Can the ICAC deal with allegations of corruption in NSW local government?

Yes, because local government authorities are included within the definition of a "public authority" in the ICAC Act. The ICAC can investigate conduct involving councillors as well as employees of local government.

Can the ICAC deal with allegations of corruption in the NSW Police?

The Law Enforcement Conduct Commission is responsible for investigating allegations of misconduct, including corrupt conduct, involving members of the NSW Police Force (including administrative employees) and the NSW Crime Commission. The ICAC may investigate corrupt conduct involving staff of the NSW Police Force and NSW Crime Commission provided the matter involves other public officials.

Can the ICAC deal with allegations of corruption in the private sector?
No, not unless public officials and/or public authorities are involved or affected. In some circumstances, private contractors and consultants can be considered to be public officials if they are exercising public official functions.
Does the ICAC have the power to prosecute people?

No. The ICAC can obtain the advice of the Director of Public Prosecutions (DPP) with respect to the prosecution of persons for specified criminal offences.

The ICAC has power to commence proceedings for a criminal offence, but only on advice from the DPP. In practice, court attendance notices are taken out in the name of the Solicitor for Public Prosecutions.