The Independent Commission Against Corruption Amendment Act 2015 ("the Amendment Act") was assented to on 28 September 2015.
The Commission's jurisdiction to commence investigations into allegations of corrupt conduct remains unchanged. At the conclusion of an investigation, however, the Commission can now make findings of corrupt conduct only in cases where it has determined that there is serious corrupt conduct.
The Commission is advising the principal officers of NSW government agencies that their duty to report suspected corrupt conduct in their agencies is not affected by the changes in the Amendment Act. The Commission also continues to welcome complaints and information from the public about suspected corrupt conduct in or affecting the NSW public sector.
Other changes to the ICAC's legislation include:
• clarifying the definition of corrupt conduct under the new section 8(2A) to include particular conduct of any person (whether or not a public official) that impairs, or 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, or
(e) fraudulently obtaining or retaining employment or appointment as a public official
• enhancing the Commission's advisory, educational and preventive functions, under the new section 13(1)(e) – (j) to include examining and providing advice about ways in which the integrity and good repute of public administration can be promoted
• expanding the Commission's functions to include matters referred by the NSW Electoral Commission under the new section 13A which means the ICAC can now investigate certain possible criminal offences under electoral funding, election or lobbying laws following a referral to it by the NSW Electoral Commission.
Links updated so far to further information on this website are listed below. Content reflecting the changes from the Amendment Act is shown in bold.