NCJ Number
122096
Journal
Criminology Australia Volume: 1 Issue: 1 Dated: (June/July 1989) Pages: 8-10
Date Published
1989
Length
3 pages
Annotation
The Independent Commission Against Corruption (ICAC) in New South Wales, Australia, is charged with investigating corrupt government conduct, preventing corrupt conduct by looking at legal and institutional conditions that make such conduct possible, and educating the public on the need to prevent corruption.
Abstract
Corrupt conduct is defined to include the misuse of information or material acquired by public officials in the course of their official duties. An important feature of the ICAC is its obligation to cooperate with law enforcement and other relevant agencies in the investigation of corrupt conduct. The ICAC Act, however creates a potential source of interagency conflict in that the ICAC may interfere with the independence of other agencies by requiring them to report to the ICAC regarding ongoing investigations. The ICAC has the power to compel witnesses to answer questions, to require documents and other materials, and to seek an injunction from the Australian Supreme Court to restrain conduct related to the subject of an investigation. Although the ICAC can set its own tasks, its accountability is statutorily monitored by the ICAC Act, an Operations Review Committee, and a Parliamentary Joint Committee. A final form of accountability for the ICAC is judicial review of its activities. The ICAC is supposed to function independently of the particular political party in office. At a general strategic level, the ICAC should properly balance its investigative, preventive, and educative functions with the primary goal of eliminating conditions that foster corruption.