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Independent Commission Against Corruption (New South Wales)

Independent Commission Against Corruption
Abbreviation ICAC
ICAC (New South Wales) logo.jpg
Logo of the Independent Commission Against Corruption
Agency overview
Formed 1988
Annual budget A$25 million (2012-2013)
Legal personality Governmental: Government agency
Jurisdictional structure
Operations jurisdiction* State of New South Wales, Australia
Legal jurisdiction As per operations jurisdiction.
Governing body Government of New South Wales
Constituting instrument Independent Commission Against Corruption Act, 1988 (NSW)
General nature
Specialist jurisdiction Anti corruption.
Operational structure
Headquarters Level 7, 255 Elizabeth Street, Sydney, New South Wales, Australia
Elected officer responsible Hon. Mike Baird MP,
Premier of New South Wales
Agency executive Megan Latham,
Commissioner
Website
www.icac.nsw.gov.au
Footnotes
* Divisional agency: Division of the country, over which the agency has usual operational jurisdiction.

The Independent Commission Against Corruption (ICAC), an independent agency of the Government of New South Wales, is responsible for minimising corrupt activities and enhancing the integrity of the public administration in the state of New South Wales, Australia. The Commission was established in 1989, pursuant to the Independent Commission Against Corruption Act, 1988 (NSW).

It is led by a sole Commissioner appointed for a fixed five-year term, presently former Supreme Court judge Megan Latham. The Commissioner submits a report on the activities of the Commission to the Parliament of New South Wales and whilst independent of the politics of government, reports informally to the Premier of New South Wales. The commission is charged with educating public authorities, officials and members of the public about corruption.

The Inspector of the Independent Commission Against Corruption is an independent statutory officer whose role and functions is to hold the ICAC accountable in the way it carries out its function. The Inspector’s role are set out in Part 5A of the ICAC Act. The Inspector is not answerable to ICAC in any way and is located in physically separate premises from the ICAC. The Inspector's role includes: undertaking audits of the ICAC’s operations to ensure compliance with the law; dealing with complaints about the conduct of the ICAC and current and former officers; and assessing the effectiveness and appropriateness of the ICAC's procedures.

The Inspector has extensive powers to investigate the conduct of the ICAC and its officers including obtaining documents from the ICAC and requiring ICAC officers to attend before him and answer questions. The Inspector can also sit as a Royal Commissioner in order to conduct investigations. As a Royal Commissioner the Inspector has extensive powers to compel witnesses to provide evidence. The Inspector can deal with complaints about the conduct of the ICAC or its officers which concern abuses of power, impropriety, misconduct of any kind, lengthy delays in investigation and maladministration. Under the ICAC Act maladministration is defined as action or inaction of a serious nature that is contrary to law, or unreasonable, unjust, oppressive or improperly discriminatory, or based wholly or partly on improper motives.


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