In August 2015, the New South Wales Government announced its response to the independent review of the function and powers of the NSW Independent Commission Against Corruption (ICAC). This review was prompted by ICAC’s ultimately unsuccessful and aborted investigation into the conduct of a serving senior Crown Prosecutor and rulings by the High Court of Australia (see Independent Commission Against Corruption v Cunneen [2015] HCA 14 where the Court held that ICAC could not investigate cases in which a private citizen adversely affected the functions of an honest public official) that the investigation was beyond ICAC’s powers. In the interim, the NSW Government had legislated to validate all of ICAC’s then existing findings and investigations.

The NSW Government will:

  • limit ICAC’s jurisdiction to making findings “only in the case of serious corrupt conduct”;
  • permit ICAC to investigate the conduct of non-public officials in limited circumstances (such as collusive tendering, fraud in or relation to applications for mining licenses and dishonestly benefiting from the payment of public funds); and
  • permit ICAC to examine breaches of donation and lobbying laws.