NCJ Number
128443
Journal
Current Issues in Criminal Justice Issue: 2 Dated: (March 1990) Pages: 56-66
Date Published
1990
Length
11 pages
Annotation
This paper describes the purposes and powers of the New South Wales Independent Commission Against Corruption (ICAC), which has been established to expose corrupt public officials in the State through the use of special investigative powers.
Abstract
The overall purpose of the ICAC is to minimize the incidence of official corruption by disclosure of the facts to public view. The ICAC is not a prosecuting authority, so investigations do not result in any person being charged by the ICAC with an offense. Where there has been an investigation, the ICAC may report on that investigation to both Houses Of Parliament. It must issue a report when there has been a public hearing. Commission reports are important as much for their recommendations for preventing corruption as for revealing past corrupt conduct by public officials. For the purposes of an investigation, the ICAC may hold hearings, generally in public. In such hearings, claims of privilege cannot excuse a witness from answering questions; however, if a witness objects to a particular question and answers it only under compulsion of law, that answer cannot be used in evidence against him in any civil or criminal proceedings as well as any disciplinary proceedings. The right to legal representation and to examine and cross-examine witnesses is provided. 4 footnotes