{"id":"independent-commissioner-against-corruption-act-2017","name":"Independent Commissioner Against Corruption Act 2017","slug":"independent-commissioner-against-corruption-act-2017","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30169,"registerId":"nt-independent-commissioner-against-corruption-act-2017-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Independent Commissioner Against\nCorruption Act 2017.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Object of Act and how object to be achieved","content":"3 Object of Act and how object to be achieved\n(1) The object of this Act is to address wrongdoing in, or connected\nwith, public administration by:\n(a) preventing or minimising the occurrence of improper conduct;\nand\n(b) improving public confidence that improper conduct will be\ndetected and dealt with appropriately; and\n(c) providing mechanisms to deal with improper conduct when it\noccurs.\n(2) This Act achieves its object:\n(a) primarily by establishing the ICAC; and\n(b) by conferring functions in relation to improper conduct on the\nICAC and on referral entities; and\n\nIndependent Commissioner Against Corruption Act 2017 2\n(c) by providing incentives and reducing disincentives to persons,\nto assist in the detection, reporting, investigation, prosecution\nand prevention of improper conduct; and\n(d) by protecting persons who put themselves at risk of harm by\nexposing or reporting improper conduct; and\n(e) by requiring the ICAC to help public bodies to prevent, and to\nidentify and deal effectively and appropriately with, improper\nconduct.\n(3) For subsection (2)(a), the primary purpose of establishing the ICAC\nis to augment the Territory's existing framework for responding to\nimproper conduct by providing for the ICAC to:\n(a) investigate the most serious, systemic and sensitive improper\n(b) ensure that other improper conduct is dealt with, either by an\nappropriate existing entity or, if the ICAC considers it\nappropriate, by the ICAC; and\n(c) coordinate a response to improper conduct when multiple\nentities have jurisdiction in relation to the matter; and\n(d) refer information and evidence for the prosecution of offences\ninvolving improper conduct.\n(4) This Act:\n(a) primarily empowers the ICAC to investigate cases of corrupt\nconduct and anti-democratic conduct; and\n(b) empowers the ICAC to refer cases of misconduct and\nunsatisfactory conduct to referral entities to investigate.\nNote for section 3\nFor improper conduct – see section 9.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"4 Definitions\nIn this Act:\nActing ICAC means a person appointed under section 121(1)\nor (2).\nacting in an official capacity, in relation to a person, means the\nperson is performing functions under, or otherwise related to the\nadministration of, this Act.\n\nIndependent Commissioner Against Corruption Act 2017 3\nanti-democratic conduct, see section 15.\nAssembly Committee means the committee (if any) designated\nunder section 5.\nassociated entity, see section 176 of the Electoral Act 2004.\nAustralian parliament means:\n(a) the Legislative Assembly; or\n(b) the Parliament of the Commonwealth or a State; or\n(c) the parliament or legislature of another Territory.\nauthorised officer means:\n(b) a person appointed as an authorised officer under\nsection 131.\nbreach of public trust, see section 13.\nclaimant, for Part 5, Division 2, see section 84.\nclaimant's representative, for Part 5, Division 2, see section 84.\nClerk, for Part 5, Division 2, see section 84.\nclosed session, for Part 5, Division 1, see section 78.\nconduct means an act or an omission to perform an act.\nconflict of interest, see section 10(6).\nconnected to public affairs, in relation to conduct, means:\n(a) conduct in the course of, or closely related to, the performance\nof official functions, including conduct engaged in otherwise\nthan in the performance of official functions that adversely\naffects or could adversely affect, directly or indirectly, the\nhonest, impartial or effective performance of those functions;\nor\n(b) conduct that affects the use, allocation or receipt of public\nresources to which a public officer has access in connection\nwith being a public officer; or\n\nIndependent Commissioner Against Corruption Act 2017 4\n(c) conduct involving the use of authority or perceived authority\nthat a person has as a result of being a public officer or\nrepresenting themselves as a public officer.\ncorrupt conduct, see section 10.\neligible person:\n(a) for appointment as the ICAC – see section 114(1); or\n(b) for appointment as the Inspector – see section 134(2).\nengage in conduct means:\n(a) perform an act; or\n(b) omit to perform an act.\nengage in retaliation, see section 95.\nexamination means an examination under section 34 for an\ninvestigation.\nfunction includes duty and power.\ngeneral report, see section 48(1).\ngive evidence includes answer a question, give information and\nproduce an item.\n(a) generally – includes any of the following:\n(i) injury, loss or damage;\n(ii) intimidation or harassment;\n(iii) discrimination, disadvantage or adverse treatment\n(including disciplinary action), in relation to employment,\ncareer, profession, trade or business; or\n(b) for protection of protected persons – see section 112(4).\nhealth practitioner means:\n(a) a medical practitioner; or\n(b) a person registered under the Health Practitioner Regulation\nNational Law to practise in the psychology profession (other\nthan as a student).\n\nIndependent Commissioner Against Corruption Act 2017 5\nICAC means the Independent Commissioner Against Corruption\nestablished by section 17.\nICAC Minister means the minister administering this Act.\nICAC premises means premises occupied by the ICAC, the ICAC's\nOffice or a member of ICAC staff in connection with the\nperformance of official functions.\nICAC's Office means the Agency of that name specified in\n","sortOrder":3},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"to the Public Sector Employment and Management","content":"Schedule 1 to the Public Sector Employment and Management\nAct 1993.\nidentifying information means information identifying, or tending\nto identify, a protected person.\nimproper conduct, see section 9.\nindependent entity means any of the following:\n(a) the Speaker;\n(b) the Deputy Speaker;\n(c) a court;\n(ca) the Judicial Commission;\n(d) a judicial officer;\n(e) a board, commission, tribunal or other body established under\nan Act that has judicial or quasi-judicial functions in the\nperformance of its deliberative functions;\n(f) a member of an entity mentioned in paragraph (e);\n(g) a coroner;\n(h) the Director of Public Prosecutions;\n(i) the Auditor-General;\n(j) the Ombudsman;\n(k) the Anti-Discrimination Commissioner;\n(l) the Children's Commissioner;\n(m) the Electoral Commissioner;\n\nIndependent Commissioner Against Corruption Act 2017 6\n(n) the Commissioner of Police in relation to a referral if:\n(i) the matter referred does not involve an allegation of\ncorrupt conduct of a police officer or a person employed\nor engaged by the Commissioner of Police; or\n(ii) the matter referred involves an allegation of improper\nconduct of a police officer or a person employed or\nengaged by the Commissioner of Police and the ICAC\nconsiders the ICAC has no good reason to maintain\noversight of the matter;\n(o) a law enforcement agency of another jurisdiction;\n(p) an agency of another Australian jurisdiction that has functions\nsimilar to those of the ICAC;\n(q) an entity prescribed, or of a class prescribed, by regulation.\nInspector means the Inspector appointed under section 134(1).\ninvestigation means an investigation under Part 3, Division 5\nincluding a joint investigation under section 38.\ninvestigation report, see section 50(1).\nirrelevant criminal record, see section 4(1) of the\nAnti-Discrimination Act 1992.\nitem means a document or other thing.\njudicial officer means any of the following:\n(a) a Supreme Court Judge;\n(b) a Local Court Judge;\n(c) an Associate Judge;\n(d) a judicial officer acting as a coroner;\n(e) a judicial officer performing duties as the President or Deputy\nPresident of the Civil and Administrative Tribunal.\nlaw enforcement agency means an entity, in the Territory or\nelsewhere in Australia, that has functions in relation to the\ninvestigation of offences or the prosecution of persons for offences.\nlocal councillor means a member of a local government council.\n\nIndependent Commissioner Against Corruption Act 2017 7\nmember of ICAC staff means a person mentioned in\nsection 123(1).\nmember of Inspector staff means a person mentioned in\nsection 142(1).\nmisconduct, see section 11.\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\nMLA means member of the Legislative Assembly.\nnominated recipient, see section 97.\nnon-disclosure direction means a direction under section 147.\nnon-NT political party, for Part 7, see section 112A(1).\noccurs, in relation to conduct, means the conduct is engaged in.\nofficial information means information known to, or held by or on\nbehalf of, a public officer or public body in relation to official\nfunctions, whether the information:\n(a) has or has not been recorded; or\n(b) is held alone or jointly with another person or body; or\n(c) is in the Territory or elsewhere.\nopen session, for Part 5, Division 1, see section 78.\nparliamentary privilege, see section 83.\nperform a function includes exercise a power.\npolitical opinion, affiliation or activity has the same meaning as\nin the Anti-Discrimination Act 1992.\npolitical party, see section 3 of the Electoral Act 2004.\npremises includes:\n(a) land; and\n(b) a permanent or temporary building or structure on land; and\n(c) an aircraft, vehicle or vessel.\n\nIndependent Commissioner Against Corruption Act 2017 8\nprohibited reason, in relation to retaliation, see section 95(2).\nproper officer, for Part 5, Division 2, see section 84.\nprotected action, see section 92.\nprotected communication, see section 93.\nprotected person:\n(a) generally – means a person who takes or has taken protected\naction; and\n(b) for retaliation – includes a person whom the person engaging\nin retaliation believes or suspects is taking or has taken\nprotected action.\npublic body, see section 16(1).\npublic inquiry means an inquiry under Part 3, Division 6.\npublic officer, see section 16(2).\npublic resources, see section 14.\npublic statement means a statement by the ICAC under\nsection 55.\nrecent political affiliation, for Part 7, see section 112A(2).\nreferral means a referral of a matter by the ICAC under Part 3,\nDivision 4.\nreferral entity means any person or body identified in section 25\nor 25A to whom or to which a matter may be referred.\nreport concerning recommendations means a report by the\nICAC under section 58.\nreportable donation, for Part 7, see section 112A(1).\nrepresentation, for Part 5, Division 1, see section 78.\nresponsible Minister, for a public body or public officer, means the\nminister having responsibility for the area or activity of government\nthat is applicable to the public body or public officer.\nNote for definition responsible Minister\nSee section 19(3) of the Interpretation Act 1978.\nretaliation, see section 95.\n\nIndependent Commissioner Against Corruption Act 2017 9\nretention notice, see section 71(1)(e).\nsearch warrant, means a search warrant issued under section 68.\nsecured item, for Part 5, Division 2, see section 84.\nsubject of privilege, for Part 5, Division 2, see section 85.\nsuperior Court means:\n(a) the Supreme Court; or\n(b) a Supreme Court of a State or another Territory; or\n(c) the High Court of Australia; or\n(d) the Federal Court of Australia.\nunsatisfactory conduct, see section 12.\nvictim, in relation to retaliation, see section 95.\nNote for section 4\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Assembly Committee","content":"5 Assembly Committee\nThe Legislative Assembly may, by resolution, designate a\ncommittee of the Legislative Assembly to receive reports, and\nperform other functions, in relation to the ICAC.\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Act binds Crown","content":"6 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Application of Criminal Code","content":"7 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 7\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n\nIndependent Commissioner Against Corruption Act 2017 10\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of conduct","content":"8 Meaning of conduct\n(1) Without limiting the conduct to which this Act applies, this Act\nextends to the following:\n(a) conduct occurring before the commencement of this Act;\n(b) conduct occurring outside the Territory;\n(c) conduct engaged in:\n(i) by a person who was a public officer at the time it was\nengaged in but who has since ceased to be a public\n(ii) by an entity that was a public body at the time it was\nengaged in but that has since ceased to be a public\nbody or has ceased to exist.\n(2) A public body engages in conduct if:\n(a) the conduct is engaged in by a person or body with the\nauthority to act on behalf of the public body; or\n(b) the conduct occurs and a person or body with the authority to\nact on behalf of the public body expressly, tacitly or impliedly\nauthorises or permits it to occur; or\n(c) the conduct occurs and a corporate culture exists in the public\nbody that directs, encourages, tolerates or leads to it\noccurring; or\n(d) the conduct occurs and the public body has failed to create\nand maintain a corporate culture to deter or prevent it\noccurring.\nNote for section 8\nSee also section 4, definitions conduct, engage in conduct and occurs.\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of improper conduct","content":"9 Meaning of improper conduct\n(1) Each of the following is improper conduct:\n(a) corrupt conduct;\n(b) misconduct;\n(c) unsatisfactory conduct;\n\nIndependent Commissioner Against Corruption Act 2017 11\n(d) anti-democratic conduct;\n(e) conduct constituting an offence against this Act;\n(f) conduct (the secondary conduct) engaged in by any person\nin relation to conduct mentioned in paragraphs (a) to (e) (the\nprimary conduct) as provided by subsection (2).\n(2) For subsection (1)(f), secondary conduct is conduct that would\nconstitute an offence against one of the following sections of the\nCriminal Code on the assumption that the primary conduct is an\noffence, whether or not the primary conduct is in fact an offence:\n(a) section 43BF (attempt);\n(b) section 43BG (complicity and common purpose);\n(c) section 43BH (innocent agency);\n(d) section 43BI (incitement);\n(e) section 43BJ (conspiracy).\n(3) Secondary conduct is taken to be the same type of improper\nconduct as the primary conduct to which it relates.\nExamples for section 9\n1 An attempt to engage in corrupt conduct would be improper conduct, whether\nor not the corrupt conduct is itself an offence.\n2 An attempt to engage in corrupt conduct would also be corrupt conduct.\n10 Meaning of corrupt conduct\n(1) Conduct is corrupt conduct if it is conduct engaged in by a public\nofficer (whether or not the identity of the public officer is known) or\nby a public body:\n(a) that constitutes an offence, whether in the Territory or\nelsewhere, for which the maximum penalty is imprisonment for\na term of at least 2 years, with or without a fine; and\n(b) that is connected to public affairs.\nNote for subsection (1)(b)\nSee section 4, definition connected to public affairs.\n\nIndependent Commissioner Against Corruption Act 2017 12\n(2) Conduct is also corrupt conduct if it is conduct engaged in by a\npublic officer (whether or not the identity of the public officer is\nknown):\n(a) that constitutes reasonable grounds for dismissing or\nterminating the services of the public officer; and\n(c) that involves or results in any of the following:\n(i) dishonesty;\n(ii) failure to manage adequately an actual or perceived\nconflict of interest;\n(iii) a breach of public trust;\n(iv) the illegal, unauthorised or otherwise inappropriate\nperformance of official functions;\n(v) inappropriate conduct in relation to official information;\n(vi) an adverse effect on the honest, impartial or effective\nperformance of official functions by any public officer or\npublic body or group of public officers or public bodies.\n(3) Conduct is also corrupt conduct if it is conduct engaged in by a\npublic body, a minister, an MLA or a local councillor:\n(a) that is connected to public affairs; and\n(b) that involves a serious breach of public trust by the public\nbody, minister, MLA or councillor.\n(4) Conduct is also corrupt conduct if it is conduct engaged in by a\nperson (whether or not a public officer or public body) that could\nimpair public confidence in public administration and that involves\nany of the following:\n(a) collusive tendering;\n(b) intentionally or recklessly providing false or misleading\ninformation in relation to an application for a licence, permit or\nother authority under an Act;\n(c) misappropriating or misusing public resources;\n(d) assisting in, or dishonestly benefitting from, the\nmisappropriation or misuse of public resources;\n\nIndependent Commissioner Against Corruption Act 2017 13\n(e) dishonestly obtaining or retaining employment or appointment\nas a public officer.\n(5) Conduct is also corrupt conduct if it is conduct engaged in by a\nperson (whether or not a public officer or public body) that\nconstitutes:\n(a) an offence against Part IV, Divisions 1 to 5 of the Criminal\nCode; or\n(b) an offence against section 118 or 119 of the Criminal Code; or\n(c) an offence:\n(i) that adversely affects, directly or indirectly, the honest,\nimpartial or effective performance of official functions by\nany public officer or public body or group of public\nofficers or public bodies; and\n(ii) that is prescribed by regulation.\n(6) For subsection (2)(c)(ii), conflict of interest includes the obtaining\nof a benefit by, or the causing of a detriment to, a person or body,\nincluding:\n(a) any benefit or detriment, whether pecuniary or otherwise; and\n(b) placing the person or body in a stronger or weaker position in\nrelation to a reasonably foreseeable future benefit or\ndetriment.\n(7) For subsection (4), in determining whether conduct could impair\npublic confidence in public administration it is irrelevant whether or\nnot the conduct is likely to become public knowledge.\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of misconduct","content":"11 Meaning of misconduct\n(1) Conduct is misconduct if it is conduct engaged in by a public\nofficer (whether or not the identity of the public officer is known) or\nby a public body:\n(a) that constitutes an offence, whether in the Territory or\nelsewhere, for which the maximum penalty is:\n(i) a fine; or\n(ii) imprisonment for a term of less than 2 years, with or\nwithout a fine; and\n\nIndependent Commissioner Against Corruption Act 2017 14\n(b) that is connected to public affairs.\nNote for subsection (1)(b)\nSee section 4, definition connected to public affairs.\n(2) Conduct is also misconduct if it is conduct engaged in by a public\nofficer other than a judicial officer (whether or not the identity of the\npublic officer is known):\n(a) that constitutes reasonable grounds for taking disciplinary\naction against the officer (short of dismissal or termination of\nappointment) or varying the terms of the officer's appointment;\nand\n(c) that is conduct mentioned in section 10(2)(c).\n(3) Conduct is also misconduct if it is conduct engaged in by a judicial\nofficer, the Director of Public Prosecutions, a public body, a\nminister, an MLA or a local councillor:\n(a) that is connected to public affairs; and\n(b) that involves:\n(i) for a judicial officer or the Director of Public\nProsecutions – a breach of public trust; or\n(ii) for a public body, minister, MLA or councillor – a breach\nof public trust not amounting to a serious breach of\npublic trust.\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of unsatisfactory conduct","content":"12 Meaning of unsatisfactory conduct\n(1) Conduct is unsatisfactory conduct if it is conduct engaged in by a\npublic officer (whether or not the identity of the public officer is\nknown) or by a public body:\n(a) that involves:\n(i) illegality or impropriety; or\n(ii) negligence; or\n(iii) incompetence; and\n\nIndependent Commissioner Against Corruption Act 2017 15\n(c) that results in:\n(i) substantial mismanagement of public resources; or\n(ii) the inappropriate or significantly inefficient use of public\nresources; or\n(iii) substantial mismanagement in relation to the\nperformance of official functions; or\n(iv) substantial detriment to the public interest.\n(2) For subsection (1)(a)(iii), incompetence:\n(a) is conduct that would not be engaged in by a reasonable\npublic officer or public body:\n(i) having the skills and knowledge reasonably expected of\na person or body with the role of the public officer or\npublic body; and\n(ii) having taken appropriate steps to obtain adequate\nresources, information and advice; but\n(b) does not include conduct:\n(i) that is less than best practice; or\n(ii) that is a matter of policy about which reasonable public\nofficers or public bodies may disagree.\n(3) Despite subsection (1), unsatisfactory conduct does not include any\nconduct engaged in by a judicial officer in the performance of\njudicial functions.\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Meaning of breach of public trust","content":"13 Meaning of breach of public trust\n(1) Breach of public trust means conduct by a public body or public\nofficer that is intentionally or recklessly inconsistent with the\nfunctions of the body or officer, including the duty of the body or\nofficer to act in the public interest.\n(2) If a public body is a public body of a kind mentioned in\nsection 16(1)(l), a breach of public trust can only occur if the\nconduct affects the use of public resources or the carrying out of\nfunctions on behalf of the Territory, another public body or a public\n(3) If a public officer is a public officer of a public body of a kind\nmentioned in section 16(1)(l), a breach of public trust can only\n\nIndependent Commissioner Against Corruption Act 2017 16\noccur if the conduct affects the use of public resources or the\ncarrying out of functions on behalf of the Territory, another public\nbody or a public officer.\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Meaning of public resources","content":"14 Meaning of public resources\n(1) Public resources means:\n(a) money, assets and infrastructure of the Territory or a public\nbody; or\n(b) intellectual property of, and licences held by, the Territory or a\npublic body; or\n(c) human resources of the Territory or a public body or public\n(d) any other resources of, or available to, the Territory or a public\nbody or public officer, including resources held under trust.\n(2) If a public body is a public body of a kind mentioned in\nsection 16(1)(l), the resources of that body or of any member,\nofficer or employee of that body are only public resources to the\nextent that they are resources obtained from another public body or\na public officer under an agreement.\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Meaning of anti-democratic conduct","content":"15 Meaning of anti-democratic conduct\n(1) Conduct is anti-democratic conduct if it is conduct engaged in by\na person or body (whether or not a public officer or public body)\nthat:\n(a) constitutes an offence against the Electoral Act 2004,\n","sortOrder":14},{"sectionNumber":"Part 8","sectionType":"part","heading":"of the Local Government Act 2019 or Chapter 8 of","content":"Chapter 8 of the Local Government Act 2019 or Chapter 8 of\nthe Local Government Act 2008 (before its repeal); and\n(b) affects, or is part of a course of conduct aimed at affecting:\n(i) the behaviour of the community or multiple members of\nthe community in relation to voting in elections; or\n(ii) the reputation, power or influence, or resources of a\npolitical party or a candidate for election; or\n(iii) the ability of the public to ascertain the resources and\nassociated entities of a political party or the resources of\na candidate for an election; or\n\nIndependent Commissioner Against Corruption Act 2017 17\n(iv) the Electoral Commissioner's ability to detect and\ninvestigate contraventions of the Electoral Act 2004 or\nChapter 8 of the Local Government Act 2019 and\ngenerally to ensure compliance with those Acts.\nExamples for subsection (1)\n1 An offence against section 215 of the Electoral Act 2004 (failing to make\nreturn regarding donations, gifts or expenditure) affecting the ability of the\npublic to ascertain the resources or associated entities of a political party.\n2 An offence against section 271 of the Electoral Act 2004 (push-polling) that is\nintended to influence the votes of multiple electors or affect the reputation of\na political party or candidate for election.\n(2) Subsection (1)(b)(ii) extends to conduct occurring before the\npolitical party was formed or before the candidate for election\nbecame a candidate.\nresources includes loans, gifts and donations, whether monetary\nor otherwise.\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Meaning of public body and public officer","content":"16 Meaning of public body and public officer\n(1) Each of the following is a public body:\n(a) an Agency;\n(b) a local government council;\n(c) the Police Force;\n(d) a court;\n(e) a board, commission, tribunal or other body established under\nan Act that has judicial or quasi-judicial functions in the\nperformance of its deliberative functions;\n(f) a body, whether incorporated or not, established under an Act;\n(g) a body whose members, or a majority of whose members, are\n(h) a government owned corporation;\n(i) a nursing home;\n(j) a public hospital;\n(k) a university;\n\nIndependent Commissioner Against Corruption Act 2017 18\n(l) any other body, whether incorporated or not:\n(i) that receives, directly or indirectly, public resources; or\n(ii) performing a public function on behalf of the Territory, a\npublic body or a public officer (whether under contract or\notherwise).\n(2) Subject to subsection (3), each of the following is a public officer:\n(a) a minister;\n(b) an MLA;\n(c) a judicial officer;\n(d) the holder of an office established under an Act who is\n(e) a member, officer or employee of a public body;\n(f) any other person engaged, whether under the Contracts\nAct 1978 or otherwise, by or on behalf of a person mentioned\nin paragraphs (a) to (e) in relation to the performance of\nofficial functions.\nExamples for subsection (2)\nEach of the following is a public officer:\n(a) a member of NTCAT\n(b) a public sector employee;\n(c) a police officer;\n(d) a statutory office holder;\n(e) an adviser to, or electorate officer of, a minister or an MLA;\n(f) a local councillor;\n(g) a local council employee.\n(3) The following are not public officers:\n(a) the Inspector;\n(b) a member of Inspector staff in relation to the performance of\nofficial functions for the Inspector;\n(c) an Acting ICAC appointed to investigate the ICAC, the ICAC's\nOffice or a member of ICAC staff, in relation to the\ninvestigation;\n\nIndependent Commissioner Against Corruption Act 2017 19\n(d) a member of ICAC staff assisting an Acting ICAC appointed to\ninvestigate the ICAC, the ICAC's Office or a member of ICAC\nstaff, in relation to the investigation.\ncourt means the Supreme Court or the Local Court.\nnursing home, see section 5 of the Medical Services Act 1982.\nPolice Force, see section 4(1) of the Police Administration\nAct 1978.\npublic hospital means premises declared under section 6(2) of the\nMedical Services Act 1982 to be a hospital, other than a hospital\nconducted under a licence granted under the Private Hospitals\nAct 1981.\nuniversity means:\n(a) Charles Darwin University; or\n(b) Batchelor Institute of Indigenous Tertiary Education.\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Establishment of ICAC","content":"17 Establishment of ICAC\nThere is to be an Independent Commissioner Against Corruption.\nNote for section 17\nPart 7, Division 1 deals with the appointment of the ICAC and related matters.\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Functions","content":"18 Functions\n(1) The ICAC has the following functions:\n(a) to identify and investigate improper conduct;\n(b) to protect persons who have assisted or may assist in\ndetecting, preventing, investigating or otherwise responding to\nimproper conduct;\n(c) to prevent, detect and respond to improper conduct by:\n(i) developing and delivering education and training; and\n(ii) evaluating or reviewing practices, policies and\nprocedures of public bodies and public officers; and\n\nIndependent Commissioner Against Corruption Act 2017 20\n(iii) developing and delivering advice, reports, information\nand recommendations; and\n(iv) referring matters to a referral entity for investigation or\nfurther investigation, disciplinary action or prosecution;\nand\n(v) making public comment; and\n(vi) gathering intelligence about improper conduct;\n(d) to oversee and direct, as required, how referral entities deal\nwith matters referred to them by the ICAC;\n(e) to perform other functions conferred on the ICAC under this or\nanother Act.\n(2) The ICAC may perform functions under this Act in relation to any\nmatter that may involve improper conduct.\n(3) Without limiting subsection (2), the ICAC is to:\n(a) give priority to dealing with matters that, in the ICAC's opinion,\nmay involve corrupt conduct or serious anti-democratic\n(b) refer other matters that may involve improper conduct to a\nreferral entity, unless there is a good reason for the ICAC not\nto refer the matter.\n(4) Without limiting subsection (3)(b), it is a good reason for the ICAC\nnot to refer a matter to a referral entity if referring the matter:\n(a) may adversely affect the performance or future performance\nof the ICAC's functions; or\n(b) may reveal the identity of a protected person.\n(5) Subject to this Act, the ICAC may perform the ICAC's functions in\nany manner the ICAC considers appropriate.\n","sortOrder":18},{"sectionNumber":"18A","sectionType":"section","heading":"Limitation on functions","content":"18A Limitation on functions\n(1) The ICAC must not investigate an allegation of misconduct or\nunsatisfactory conduct unless:\n(a) the alleged misconduct or unsatisfactory conduct arises from\nthe same matter that is the subject of an investigation into\ncorrupt conduct or anti-democratic conduct; or\n\nIndependent Commissioner Against Corruption Act 2017 21\n(b) the gravity of the matter is such that it warrants the use of the\npowers and resources given to the ICAC because:\n(i) the person alleged to have engaged in the misconduct or\nunsatisfactory conduct is or was an MLA or the Chief\nExecutive Officer or head of a public body or a\ngovernment owned corporation; or\n(ii) in the opinion of the ICAC, the alleged misconduct or\nunsatisfactory conduct would have a significant effect on\nthe Territory; or\n(iii) the alleged misconduct or unsatisfactory conduct gives\nrise to a suspicion on the part of the ICAC of systemic\nmisconduct or unsatisfactory conduct.\n(2) If during the course of an investigation, the ICAC becomes of the\nopinion that the investigation is likely to lead to a finding of no more\nthan misconduct or unsatisfactory conduct, the ICAC must cease to\ninvestigate the matter, unless subsection (1)(a) or (b) applies to the\nmatter.\n(3) To avoid doubt, the ICAC has discretion to determine, in\naccordance subsections (1) and (2), which matters to investigate or\nto continue to investigate under this Act.\n","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Powers","content":"19 Powers\nThe ICAC may do all things necessary or convenient to be done for,\nor in relation to, the performance of the ICAC's functions.\nNote for section 19\nA reference in this Act to a function includes a reference to a power, and\nperforming a function includes exercising a power – see section 4, definitions\nfunction and perform.\n","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"ICAC to act in public interest","content":"20 ICAC to act in public interest\n(1) If the ICAC has a discretion in performing a function under this Act,\nthe ICAC is to act in the public interest, taking into account the\nmatters set out in Schedule 1 that the ICAC considers relevant and\nappropriate in any particular case.\n(2) Subject to subsection (3), this section does not create any legal\nrights in any person or give rise to any civil cause of action.\n(3) Subsection (2) does not affect a person's right to seek judicial\nreview of administrative action by the ICAC.\n\n","sortOrder":21},{"sectionNumber":"Div 1","sectionType":"division","heading":"Mandatory reporting of suspected improper conduct","content":"Division 1 Mandatory reporting of suspected improper conduct\nIndependent Commissioner Against Corruption Act 2017 22\n","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Independence of ICAC","content":"21 Independence of ICAC\nThe ICAC is not subject to direction by any person about:\n(a) the way the ICAC performs the ICAC's functions under this\nAct; or\n(b) the priority given to any particular matters.\nDivision 1 Mandatory reporting of suspected improper\n","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"ICAC to establish system for mandatory reporting","content":"22 ICAC to establish system for mandatory reporting\n(1) The ICAC must issue, and keep under review, directions and\nguidelines governing the reporting to the ICAC of improper conduct.\n(2) Directions may:\n(a) require a public body or public officer to report suspected\nimproper conduct; and\n(b) set out the circumstances that constitute suspicion for\nparagraph (a); and\n(c) require matters to be reported even if they have been referred\nto the public body or public officer under another Act.\nNote for subsection (2)\nThe directions and guidelines must be published on the ICAC's website – see\nsection 130.\n(3) Without limiting the directions, they may require different classes of\npublic bodies and public officers to disclose different classes of\nsuspected improper conduct.\nExamples for subsection (3)\nA direction could require:\n(a) all public officers engaged on an executive contract of employment under\nthe Public Sector Employment and Management Act 1993 to report\nsuspected corrupt conduct and suspected serious or systemic misconduct\nor unsatisfactory conduct; or\n(b) all correctional officers under the Correctional Services Act 2014 to report\nsuspected improper conduct related to youth detainees.\n(4) The ICAC must issue the directions and guidelines within 6 months\nafter the commencement of this section.\n\nIndependent Commissioner Against Corruption Act 2017 23\n(5) A public body or public officer:\n(a) must report to the ICAC in accordance with the directions; and\n(b) may report to the ICAC any suspected improper conduct.\n","sortOrder":24},{"sectionNumber":"Div 2","sectionType":"division","heading":"Evaluations and reviews","content":"Division 2 Evaluations and reviews\n","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Evaluations and reviews","content":"23 Evaluations and reviews\n(1) The ICAC may, at any time, evaluate or review the practices,\npolicies or procedures of a public body or public officer to identify\nwhether improper conduct has occurred, is occurring or is at risk of\noccurring.\n(2) Despite subsection (1), the ICAC cannot evaluate or review the\npractices, policies or procedures of a court or judicial officer in\nrelation to the performance of judicial functions.\n(3) For an evaluation or review, the ICAC may exercise the powers in\nPart 4.\n(4) The ICAC must provide a report in relation to the results of the\nevaluation or review to a person with responsibility for the public\nbody or public officer the subject of the evaluation or review.\n(5) The ICAC is not required to include in a report mentioned in\nsubsection (4) any information that may prejudice a current or\nfuture investigation, prosecution or disciplinary action.\nNote for section 23\nThe ICAC may also make a general report in relation to an evaluation or review –\nsee section 48(1)(a).\n","sortOrder":26},{"sectionNumber":"24","sectionType":"section","heading":"Preliminary inquiries","content":"24 Preliminary inquiries\n(1) The ICAC may, at any time, make preliminary inquiries to determine\nwhether:\n(a) to refer or investigate a matter that has come to the ICAC's\nattention that may involve improper conduct; or\n(b) to make a recommendation, general report or public\nstatement; or\n(c) to otherwise perform the ICAC's functions in relation to\nimproper conduct.\n\nIndependent Commissioner Against Corruption Act 2017 24\n(2) For preliminary inquiries, the ICAC may do any of the following:\n(a) collect or receive information from any source;\n(b) exercise the powers in Part 4.\n","sortOrder":27},{"sectionNumber":"24A","sectionType":"section","heading":"Power to require preliminary information and items from public","content":"24A Power to require preliminary information and items from public\nbodies and public officers\n(1) For the performance of the ICAC's functions under this Act, an\nauthorised officer may, at any time, require a public body or public\nofficer to:\n(a) answer specified questions or provide specified information; or\n(b) produce specified items, or items of a specified kind, in the\nbody's or officer's possession or control.\n(2) When making a requirement under subsection (1), the authorised\nofficer must inform the public body or public officer about the\nfollowing but is not required to give any other information about the\nnature or purpose of the requirement:\n(a) that the requirement is made for the purposes of the ICAC;\n(b) if the body or officer is under investigation – that fact.\n(3) A requirement under subsection (1), and accompanying information\nunder subsection (2), may be made:\n(4) A written notice to provide information or produce an item may\nrequire the person to verify the information or item by statutory\ndeclaration.\n(5) If an item is produced under this section:\nmust allow the public body or public officer reasonable access\nto the item.\nNote for section 24A\nSection 147A creates an offence for failing to comply with a requirement under\nthis section. See also Part 5, Division 1.\n\nIndependent Commissioner Against Corruption Act 2017 25\n","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Referral to referral entity","content":"25 Referral to referral entity\n(1) The ICAC may, at any time, refer to a referral entity a matter that\nhas come to the ICAC's attention that may involve improper\nconduct.\nSee also section 18(2).\n(2) For a matter that concerns the conduct of a public officer:\n(a) who is an MLA (even if the conduct is alleged to have\noccurred before the person became an MLA), or who was an\nMLA at the time the conduct is alleged to have occurred, the\nreferral entity is:\n(i) the Speaker; or\n(ii) if the MLA is the Speaker – the Deputy Speaker; or\n(b) who is a Deputy Coroner (even if the conduct is alleged to\nhave occurred before the person became a Deputy Coroner),\nor who was a Deputy Coroner at the time the conduct is\nalleged to have occurred, the referral entity is the Territory\nCoroner; or\n(c) who is the Commissioner of Police, the referral entity is:\n(i) the Ombudsman; or\n(ii) the Minister administering Part II of the Police\nAdministration Act 1978; or\n(iii) the Anti-Discrimination Commissioner;\n(d) who is a police officer other than the Commissioner of Police,\nthe referral entity is:\n(i) the Ombudsman; or\n(ii) the Commissioner of Police; or\n(iii) the Anti-Discrimination Commissioner.\n(3) For any matter concerning the conduct of any other public officer or\na public body, the ICAC may refer the matter to any entity the ICAC\nconsiders appropriate for the public officer or public body's role or\nfunction at the time of referral or at the time the conduct is alleged\n\nIndependent Commissioner Against Corruption Act 2017 26\nto have occurred, including, but not limited to, the following:\n(a) a public body;\n(b) the holder of an office established under an Act who is\n(c) a law enforcement agency;\n(d) an agency of another Australian jurisdiction that has functions\nsimilar to those of the ICAC;\n(e) an entity in Australia that regulates, or has oversight of\nstandards for:\n(i) a profession, trade, occupation or group; or\n(ii) a type of organisation (for example, corporations or\nincorporated associations);\n(f) an entity prescribed, or of a class prescribed, by regulation.\n(4) The ICAC may refer a matter to more than one referral entity or\nparts of the same matter to different referral entities.\n(5) Without limiting subsection (1), the ICAC may, at any time:\n(a) refer a matter that may involve the commission of an offence\nto the Commissioner of Police or another law enforcement\nagency having jurisdiction to investigate the offence; or\n(b) refer a matter to the Director of Public Prosecutions:\n(i) to seek the Director's opinion or advice; or\n(ii) to request the Director to grant an indemnity from\nprosecution; or\n(c) refer a matter that may involve anti-democratic conduct to the\nElectoral Commissioner.\n(6) Without limiting subsection (2) or (3), each of the following entities\nis a referral entity in relation to a matter referred, or that may be\nreferred, to the entity under subsection (5):\n(a) the Commissioner of Police;\n(b) a law enforcement agency;\n(c) the Director of Public Prosecutions;\n\nIndependent Commissioner Against Corruption Act 2017 27\n(d) the Electoral Commissioner.\n(7) If a matter concerning the conduct of a police officer is referred to\nthe Commissioner of Police, the Commissioner of Police must notify\nthe Ombudsman of the referral.\n","sortOrder":29},{"sectionNumber":"25A","sectionType":"section","heading":"Referral to Judicial Commission","content":"25A Referral to Judicial Commission\n(1) The ICAC may refer to the Judicial Commission, established under\nthe Judicial Commission Act 2020, any matter relating to the\nbehaviour or the physical or mental capacity of a judicial officer or a\nmember of NTCAT that could constitute a complaint under the\nJudicial Commission Act 2020.\n(2) Despite section 26, the ICAC must consult with the Judicial\nCommission before referring a matter under this section, unless\nconsultation is not required under a memorandum of understanding\nor protocol referred to in subsection (3).\n(3) The ICAC and the Judicial Commission may enter into a\nmemorandum of understanding or protocol about practices and\nprocedures for referrals.\n","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Consultation before referral","content":"26 Consultation before referral\nThe ICAC may consult a referral entity in deciding whether to make\na referral to the entity.\n","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":"Information, documents or other items to be provided with","content":"27 Information, documents or other items to be provided with\nreferral\n(1) The ICAC may provide or disclose to a referral entity any\ninformation the ICAC has in relation to a matter referred, or that\nmay be referred, to the entity.\n(2) The ICAC is under no obligation to disclose to the referral entity the\noriginal source of any information.\n(3) The ICAC may provide to a referral entity any documents or other\nitems the ICAC has in relation to a matter referred, or that may be\nreferred, to the entity.\n","sortOrder":32},{"sectionNumber":"28","sectionType":"section","heading":"Directions to referral entity","content":"28 Directions to referral entity\n(1) Subject to this section, the ICAC may give directions to a referral\nentity in relation to the referral, including directions as to:\n(a) how the referral entity is to deal with the matter; and\n\nIndependent Commissioner Against Corruption Act 2017 28\n(b) reporting requirements of the referral entity in relation to the\nmatter.\n(2) Except as provided by subsection (3), the ICAC cannot give\ndirections under subsection (1) to an independent entity.\n(3) The ICAC may give directions to an independent entity, other than\nthe Speaker, Deputy Speaker, Judicial Commission or a judicial\nofficer, requiring the entity to report to the ICAC on the actions\ntaken by the entity on the referral and the outcome of those actions.\n(4) A referral entity is not obliged to comply with a direction of the ICAC\nto the extent that compliance is beyond the power, or incompatible\nwith the functions, of the referral entity.\n","sortOrder":33},{"sectionNumber":"29","sectionType":"section","heading":"Referral entity may disclose information to ICAC","content":"29 Referral entity may disclose information to ICAC\nDespite any obligation of non-disclosure on a referral entity, the\nreferral entity may disclose information to the ICAC in relation to a\nreferral or potential referral to the entity.\n","sortOrder":34},{"sectionNumber":"30","sectionType":"section","heading":"Withdrawal or suspension of referral","content":"30 Withdrawal or suspension of referral\nThe ICAC may, at any time, by written notice to a referral entity,\nother than an independent entity:\n(a) withdraw a referral; or\n(b) require the referral entity to suspend dealing with, or taking\nparticular action in relation to, the matter referred:\n(i) for the period specified by the ICAC; or\n(ii) until further notice from the ICAC.\n","sortOrder":35},{"sectionNumber":"30A","sectionType":"section","heading":"Referral of other matters","content":"30A Referral of other matters\nNothing in this Division prevents the ICAC from referring a matter to\na referral entity, not being a matter that amounts to improper\nconduct, that, in the opinion of the ICAC, warrants referral for\nconsideration of any appropriate action by that entity.\n\nIndependent Commissioner Against Corruption Act 2017 29\n","sortOrder":36},{"sectionNumber":"31","sectionType":"section","heading":"Power to investigate","content":"31 Power to investigate\n(1) The ICAC may commence an investigation if the ICAC has, or is\naware of, information that, if true, would tend to show that improper\nconduct has occurred, is occurring or is at risk of occurring.\nSee also section 18(2).\n(2) The ICAC may commence an investigation:\n(a) despite a provision of another law of the Territory providing\nthat the subject matter is final or cannot be appealed against,\nchallenged or called into question; and\n(b) even if the subject matter is the subject of:\n(i) a referral; or\n(ii) an investigation under another law of the Territory; or\n(iii) legal proceedings.\nNote for subsection (2)(b)(ii) and (iii)\nWhether the subject matter is the subject of another investigation or of legal\nproceedings are matters to which the ICAC is to take into account – see\nSchedule 1, clause 3(b) and (c).\n(3) If the ICAC has, or is aware of, information that, if true, would not\nitself amount to improper conduct but may be directly or indirectly\nconnected with improper conduct, or be part of a course of activity\ninvolving improper conduct, the ICAC may commence an\ninvestigation based on the information.\n(4) For an investigation, the ICAC may exercise the powers in Part 4 in\naddition to any powers in this Division or Division 6.\n","sortOrder":37},{"sectionNumber":"32","sectionType":"section","heading":"Power to require information and items for investigation","content":"32 Power to require information and items for investigation\n(1) For an investigation, the ICAC may require a person:\n(a) to answer specified questions or provide specified information;\nor\n(b) to produce specified items, or items of a specified kind, in the\nperson's possession or control.\n\nIndependent Commissioner Against Corruption Act 2017 30\n(2) When making a requirement, the ICAC must state the nature of the\nmatters about which the person is to be questioned, or to which the\ninformation or items relate, except to the extent the ICAC considers\non reasonable grounds doing so would:\n(3) A requirement under subsection (1) may be made:\n(4) A written notice to provide information or produce an item:\n(a) may require the person to verify the information or item by\nstatutory declaration; and\n(b) must state a time within which the person must provide the\ninformation or produce the item.\n(5) If an item is produced to the ICAC in connection with an\ninvestigation:\nmust allow the owner reasonable access to the item.\nNote for section 32\nSection 148 creates an offence for failing to comply with a requirement under this\nsection.\n","sortOrder":38},{"sectionNumber":"33","sectionType":"section","heading":"Power to inspect financial records","content":"33 Power to inspect financial records\n(1) For an investigation, the ICAC may give a written notice to a\ndeposit holder requiring the deposit holder to permit a person\nspecified in the notice to inspect and take copies of financial\nrecords.\n(2) The notice must be given to the deposit holder not less than 3 days\nbefore the inspection is to occur, unless the ICAC otherwise directs.\n(3) For the inspection, the person specified in the notice may give\ndirections to, or impose requirements on, the deposit holder or an\nofficer or employee of the deposit holder.\n\nIndependent Commissioner Against Corruption Act 2017 31\n(4) The ICAC must keep a record of each notice and inspection under\nthis section that identifies:\n(a) the investigation to which the inspection relates; and\n(b) the relevance of the inspection to the investigation.\ncredit provider means a credit provider within the meaning of the\nNational Credit Code in Schedule 1 to the National Consumer\nCredit Protection Act 2009 (Cth).\ndeposit holder means:\n(a) an ADI; or\n(b) a friendly society; or\n(c) a person who, or body that, holds money in accounts on\nbehalf of other persons; or\n(d) a credit provider; or\n(e) a person who carries on business as a pawnbroker; or\n(f) an institution of a kind prescribed by regulation.\nfinancial records means any of the following in the possession or\ncontrol of a deposit holder:\n(a) books of account, accounts and accounting records (including\nworking papers and other items necessary to explain the\nmethods and calculations by which accounts are made up);\n(b) books, diaries or other records used in the course of carrying\non the business of a deposit holder;\n(c) cheques, bills of exchange, promissory notes, deposit slips,\norders for the payment of money, invoices, receipts and\nvouchers;\n(d) securities and documents of title to securities.\n","sortOrder":39},{"sectionNumber":"34","sectionType":"section","heading":"Power to require person to attend for examination","content":"34 Power to require person to attend for examination\n(1) For an investigation, the ICAC may require a person to attend the\nICAC for examination.\n\nIndependent Commissioner Against Corruption Act 2017 32\n(2) The person must be given a written notice:\n(a) requiring the person to attend for examination at a specified\ntime and place; and\n(b) comprehensively stating the nature of the matters about which\nthe person is to be questioned, except to the extent the ICAC\nconsiders on reasonable grounds doing so would:\n(i) be likely to prejudice the conduct of the investigation; or\n(ii) be contrary to the public interest; and\n(c) if the person is under investigation – stating that fact.\n(3) The notice may require the person to bring and produce to the\nICAC specified items, or items of a specified kind, in the person's\npossession or control relevant to the investigation.\n(4) The ICAC may require a witness at an examination to do one or\nmore of the following:\n(a) take an oath to answer all questions truthfully;\n(b) answer a question relevant to the investigation asked by the\nICAC or by another person present at the examination;\n(c) produce at the examination any items in the possession or\ncontrol of the witness relevant to the investigation.\n(5) If the ICAC gives a person a written notice under subsection (2) to\nattend the ICAC for examination but, in reliance on\nsubsection (2)(b), does not comprehensively state the nature of the\nmatters about which the person is to be questioned, the ICAC must\nwithin 3 days after the notice is given:\n(a) give the Inspector a copy of the notice; and\n(b) inform the Inspector of the reasonable grounds that form the\nbasis of the ICAC's belief under that subsection.\ncomprehensively stating means stating the following in relation to\nthe matter or matters about which the person is to be questioned:\n(a) the factual topics to be addressed;\n(b) any applicable dates that are known to the ICAC;\n\nIndependent Commissioner Against Corruption Act 2017 33\n(c) the role the ICAC understands the person played in respect of\nthe factual topics referred to in paragraph (a).\nNote for section 34\nSection 149 creates an offence for contravening a requirement under this\nsection.\n","sortOrder":40},{"sectionNumber":"35","sectionType":"section","heading":"Examination to be held in private","content":"35 Examination to be held in private\nAn examination must be held in private.\n","sortOrder":41},{"sectionNumber":"36","sectionType":"section","heading":"Legal or other representation","content":"36 Legal or other representation\n(1) A witness at an examination may request the ICAC to allow the\nwitness to be represented by a legal practitioner or agent.\n(2) The ICAC must grant a request for legal representation unless the\nrequest is for representation by a particular legal practitioner the\npresence of whom the ICAC believes on reasonable grounds would\nprejudice the investigation because that legal practitioner is:\n(a) a witness in the investigation or another investigation; or\n(b) the representative of another witness in the investigation or\nanother investigation; or\n(c) a person involved in, or suspected of being involved in, a\nmatter being investigated by the ICAC; or\n(d) the representative of a person involved in, or suspected of\nbeing involved in, a matter being investigated by the ICAC.\n(3) The ICAC may grant a request for representation by an agent other\nthan a legal practitioner if the ICAC considers it appropriate to do\nso.\n(4) The legal practitioner or agent may:\n(a) make submissions to the ICAC; and\n(b) with the ICAC's approval, ask the witness questions relevant\nto the investigation.\n","sortOrder":42},{"sectionNumber":"37","sectionType":"section","heading":"Interpreters","content":"37 Interpreters\n(1) If necessary to make the proceeding intelligible to a witness at an\nexamination, the witness must be assisted by an interpreter or other\nperson, unless the ICAC believes on reasonable grounds that the\npresence of the interpreter or other person would:\n\nIndependent Commissioner Against Corruption Act 2017 34\n(2) The ICAC must:\n(a) make reasonable efforts to obtain the services of the\ninterpreter or other person; and\n(b) meet the costs of the interpreter or other person.\n","sortOrder":43},{"sectionNumber":"38","sectionType":"section","heading":"Joint investigations","content":"38 Joint investigations\n(1) The ICAC may conduct an investigation as a joint investigation with\na referral entity in relation to a matter, whether or not the ICAC has\nreferred the matter to the entity under Division 4.\n(2) For a joint investigation, the ICAC must enter into an agreement\nwith the referral entity setting out the arrangements for the joint\ninvestigation, including:\n(a) the respective responsibilities of the ICAC and the referral\nentity in relation to the joint investigation; and\n(b) proposed timelines for the joint investigation; and\n(c) information-sharing between the ICAC and the referral entity\nin relation to the joint investigation.\n(3) The ICAC or the referral entity may, at any time, do anything in\nrelation to the subject matter of the investigation that the ICAC or\nentity could have done but for the agreement.\nExample for subsection (3)\nThe ICAC could investigate the subject matter, or part of the subject matter, of a\njoint investigation as a separate investigation under this Division without involving\nthe referral entity.\n(4) The ICAC or referral entity must inform the other party to the\nagreement if the ICAC or referral entity wishes to terminate the\nagreement or depart substantially from any of its terms.\n(5) Failure to enter an agreement under subsection (2), abide by the\nterms of the agreement or notify the other party under\nsubsection (4) does not invalidate or otherwise affect anything done\nby the ICAC or referral entity in relation to the investigation.\n\nIndependent Commissioner Against Corruption Act 2017 35\n","sortOrder":44},{"sectionNumber":"38A","sectionType":"section","heading":"Use of information, documents and other items","content":"38A Use of information, documents and other items\nSubject to this Act, information, documents or other items obtained\nby the ICAC in the lawful performance of functions in relation to an\ninvestigation may be used:\n(a) by the ICAC for the purposes of any other investigation; or\n(b) by a referral entity in relation to a matter referred to it, if\nprovided to the entity under section 27.\n","sortOrder":45},{"sectionNumber":"39","sectionType":"section","heading":"Public inquiries","content":"39 Public inquiries\n(1) The ICAC may hold a public inquiry for an investigation.\n(2) The ICAC must make a public announcement of the public inquiry\nsetting out:\n(a) the general scope and purpose of the inquiry; and\n(b) the time and place of the inquiry.\n","sortOrder":46},{"sectionNumber":"40","sectionType":"section","heading":"Public inquiries generally to be open to public","content":"40 Public inquiries generally to be open to public\nA public inquiry is to be open to the public unless the ICAC directs\notherwise under section 46.\n","sortOrder":47},{"sectionNumber":"41","sectionType":"section","heading":"Power to require attendance","content":"41 Power to require attendance\nSection 34 applies in relation to a public inquiry as if a reference in\nthat section to an examination were a reference to a public inquiry.\n","sortOrder":48},{"sectionNumber":"42","sectionType":"section","heading":"Appearance generally","content":"42 Appearance generally\n(1) A person or body may apply to the ICAC to appear at a public\ninquiry.\n(2) The ICAC may permit the person or body to appear if the person or\nbody satisfies the ICAC that it is appropriate for the person or body\nto appear at the public inquiry.\n(3) A person or body appearing at a public inquiry, or their legal\npractitioner or agent (if any), may:\n(a) make submissions to the ICAC; and\n(b) with the ICAC's approval, ask witnesses questions relevant to\nthe inquiry.\n\nIndependent Commissioner Against Corruption Act 2017 36\n","sortOrder":49},{"sectionNumber":"43","sectionType":"section","heading":"Right of response if adverse allegations made","content":"43 Right of response if adverse allegations made\n(1) If, at a public inquiry, allegations are made against a person or body\nthat, if true, could reasonably affect the ICAC's findings on the\nsubject matter of the inquiry, the ICAC must give the person or\nbody a reasonable opportunity to respond to the allegations.\n(2) The ICAC may determine whether the opportunity to respond is to\nbe given by allowing the person or body to make written\nsubmissions to the inquiry or appear at the inquiry or both.\n","sortOrder":50},{"sectionNumber":"44","sectionType":"section","heading":"Legal or other representation","content":"44 Legal or other representation\n(1) A witness, or another person or body appearing, at a public inquiry\nmay request the ICAC to allow the witness, person or body to be\nrepresented by a legal practitioner or agent.\n(2) The ICAC must grant a request for legal representation unless the\nrequest is for representation by a particular legal practitioner the\npresence of whom the ICAC believes on reasonable grounds would\nprejudice the investigation because that legal practitioner is:\n(a) a witness in the investigation or another investigation; or\n(b) the representative of another witness in the investigation or\nanother investigation; or\n(c) a person involved in, or suspected of being involved in, a\nmatter being investigated by the ICAC; or\n(d) the representative of a person involved in, or suspected of\nbeing involved in, a matter being investigated by the ICAC.\n(3) The ICAC may grant a request for representation by an agent other\nthan a legal practitioner if the ICAC considers it appropriate to do\nso.\n","sortOrder":51},{"sectionNumber":"45","sectionType":"section","heading":"Interpreters","content":"45 Interpreters\n(1) If necessary to make the proceeding intelligible to a witness at a\npublic inquiry, the witness must be assisted by an interpreter or\nother person, unless the ICAC believes on reasonable grounds that\nthe presence of the interpreter or other person would:\n\nIndependent Commissioner Against Corruption Act 2017 37\n(2) The ICAC must:\n(a) make reasonable efforts to obtain the services of the\ninterpreter or other person; and\n(b) meet the costs of the interpreter or other person.\n","sortOrder":52},{"sectionNumber":"46","sectionType":"section","heading":"Directions for private hearing and non-publication","content":"46 Directions for private hearing and non-publication\n(1) For a public inquiry, the ICAC may give any of the following\ndirections:\n(a) a direction that the inquiry, or part of it, be held in private;\n(b) a direction prohibiting or restricting the publication of\ninformation that would enable a witness or person or body\nappearing to be identified or contacted;\n(c) a direction prohibiting or restricting the publication of evidence\ngiven at the inquiry;\n(d) a direction excluding a person from the inquiry or part of it.\nSection 150 creates an offence for contravening a direction under this section.\n(2) If the ICAC receives a request for a direction mentioned in\nsubsection (1)(a), the ICAC must, in private, hear arguments about\nand determine the request, unless the ICAC has reason to believe\nthe request is vexatious or without merit.\n","sortOrder":53},{"sectionNumber":"47","sectionType":"section","heading":"Requirement to inform witness of certain matters","content":"47 Requirement to inform witness of certain matters\nBefore a witness is questioned at a public inquiry, the ICAC must\ninform the witness of the following:\n(a) that a public inquiry, or part of it, may be held in private;\n(b) that the witness may request a direction mentioned in\nsection 46(1)(a) if the witness is being asked to give an\nanswer or any other evidence:\n(i) that the witness is not legally required to give; or\n(ii) about a personal or sensitive matter; or\n(iii) about an offence that the witness may have committed\nthat is not directly related to the subject matter of the\ninquiry; or\n(iv) that concerns the witness for any other reason;\n\nIndependent Commissioner Against Corruption Act 2017 38\n(c) that the ICAC will hear and determine the request in private,\nunless the ICAC has reason to believe the request is\nvexatious or without merit.\nExample for paragraph (b)(ii)\nThe witness is being asked to give an answer or any other evidence about a\npersonal health matter.\n","sortOrder":54},{"sectionNumber":"48","sectionType":"section","heading":"General report","content":"48 General report\n(1) The ICAC may, at any time, make a report (a general report) in\nrelation to any of the following:\n(a) an evaluation or review carried out under section 23;\n(b) systemic issues the ICAC has identified in one or more public\nbodies in relation to improper conduct;\n(c) matters the ICAC believes may be affecting the incidence of\nimproper conduct in one or more public bodies;\n(d) the reporting of improper conduct by public bodies and public\nofficers, including the following:\n(i) the adequacy of reporting and of mechanisms to enable\nor encourage reporting;\n(ii) the extent to which reporting is encouraged and\nsupported;\n(iii) the impact on persons who report or assist in dealing\nwith improper conduct;\n(e) matters that the ICAC considers have seriously affected, or\nmay seriously affect, the ICAC's ability to perform the ICAC's\nfunctions, including the following:\n(i) intentional or unintentional obstruction of the ICAC;\n(ii) unexpected events;\n(iii) current or proposed laws of the Territory;\n(iv) adequacy of resources available to the ICAC;\n(f) a general update on the ICAC's activities;\n(g) the identification of integrity risks;\n\nIndependent Commissioner Against Corruption Act 2017 39\n(h) relevant matters that have arisen in another Territory, a State\nor the Commonwealth.\nNote for subsection (1)(a)\nAny general report is in addition to the mandatory report mentioned in\nsection 23(4).\nA general report may contain recommendations – see section 56.\n(2) A general report must contain information as to the factual basis on\nwhich the ICAC expresses any opinions in the report, but the ICAC\nis not required to include details about specific investigations,\nunless the ICAC considers it in the public interest to do so.\n(2A) If, in accordance with subsection (2), the ICAC includes any details\nabout a specific investigation in a general report, the report must\nnot:\n(a) include an opinion as to whether a person has committed, is\ncommitting or is about to commit, an offence or a breach of\ndiscipline; or\n(b) include a comment as to the prospects of success of any\ncurrent or future prosecution or disciplinary action; or\n(c) name or identify any person in relation to a matter that\namounts to no more than misconduct or unsatisfactory\nconduct, unless, in the opinion of the ICAC:\n(i) the alleged misconduct or unsatisfactory conduct gives\nrise to a suspicion of systemic misconduct or\nunsatisfactory conduct; or\n(ii) other exceptional circumstances exist that make it\nappropriate to name or otherwise identify the person.\n(2B) For subsection (2A)(a), an opinion that a person has engaged, is\nengaging or is about to engage in improper conduct is not an\nopinion that the person is guilty of or has committed, is committing\nor is about to commit an offence or a breach of discipline.\n(2C) Subsection (2B) does not authorise the naming or identification of a\nperson contrary to subsection (2A)(c).\n(3) The ICAC must not:\n(a) make a general report about the processes or procedures by\nwhich judicial decisions are made; or\n\nIndependent Commissioner Against Corruption Act 2017 40\n(b) in a general report take issue with the merits of a judicial\ndecision.\n(4) A general report may be made to:\n(a) a public body or public officer that the ICAC considers would\nbe assisted by the report; or\n(b) the Speaker.\n","sortOrder":55},{"sectionNumber":"49","sectionType":"section","heading":"Publication of general report made to Speaker","content":"49 Publication of general report made to Speaker\n(1) This section applies in relation to a general report made to the\nSpeaker.\n(2) The Speaker must table a copy of the report in the Legislative\nAssembly within 6 sitting days after the Speaker receives the\n(3) The ICAC may include in the report a recommendation that the\nreport be made public immediately.\n(4) If the report contains a recommendation mentioned in\nsubsection (3), the Speaker may make the report public whether or\nnot the Legislative Assembly is in session and whether or not the\nreport has been tabled.\n(5) If the report is made public under subsection (4) before it is tabled,\nthe report attracts the same privileges and immunities as it would if\nit had been tabled.\n","sortOrder":56},{"sectionNumber":"50","sectionType":"section","heading":"Investigation report","content":"50 Investigation report\n(1) The ICAC may make a report (an investigation report) on an\ninvestigation to a responsible authority for a public body or public\nofficer whose conduct is the subject of the investigation.\nAn investigation report may contain recommendations – see section 56.\n(1A) If an investigation involved the holding of a public inquiry, the ICAC\nmust make an investigation report under subsection (1).\n(2) If the ICAC proposes to make an adverse finding about a person or\nbody in an investigation report, the ICAC must give the person or\nbody a reasonable opportunity to respond to the adverse material\nand include a fair representation of the response in the report.\n\nIndependent Commissioner Against Corruption Act 2017 41\n(3) An investigation report may:\n(a) contain as much information as the ICAC considers\nappropriate in relation to the subject matter of the investigation\nto which the inquiry relates; and\n(b) include a finding as to whether a person has engaged in, is\nengaging in or is about to engage in, improper conduct; and\n(c) include information as to whether an allegation of improper\nconduct has been referred to, or in the ICAC's opinion\nwarrants referral to, a referral entity.\nAn investigation report may contain recommendations – see section 56.\n(4) However, an investigation report must not include a finding:\n(a) as to whether a person has committed, is committing or is\nabout to commit, an offence or a breach of discipline; or\n(b) as to the prospects of success of any current or future\nprosecution or disciplinary action.\n(5) For subsection (4), a finding that a person has engaged, is\nengaging or is about to engage in improper conduct is not a finding\nthat the person is guilty of or has committed, is committing or is\nabout to commit an offence or a breach of discipline.\n(6) For an investigation report made to the Speaker or Deputy\nSpeaker, the Speaker or Deputy Speaker must table a copy of the\nreport in the Legislative Assembly on the next sitting day after the\nSpeaker or Deputy Speaker receives the report.\n(6A) An investigation report made to the Speaker or Deputy Speaker\nunder subsection (6) must not name or identify any person other\nthan an MLA in relation to a matter that amounts to no more than\nmisconduct or unsatisfactory conduct, unless, in the opinion of the\nICAC:\n(a) the alleged misconduct or unsatisfactory conduct gives rise to\na suspicion of systemic misconduct or unsatisfactory conduct;\nor\n(b) other exceptional circumstances exist that make it appropriate\nto name or otherwise identify the person.\n(6B) Nothing in this section requires more than one investigation report\nto be prepared if this section requires an investigation report to be\nmade to more than one responsible authority.\n\nIndependent Commissioner Against Corruption Act 2017 42\nresponsible authority means:\n(a) for a public body or public officer other than a minister or an\nMLA:\n(i) an entity having authority to deal with one or more\nmatters relating to improper conduct the subject of the\ninvestigation to which the report relates; or\n(ii) an entity whose functions include making future\ndecisions in the public interest that may be better\ninformed by receipt of the investigation report; or\n(b) for a minister or an MLA other than the Speaker – the\nSpeaker; or\n(c) for the Speaker – the Deputy Speaker.\n","sortOrder":57},{"sectionNumber":"50A","sectionType":"section","heading":"Publication of investigation report","content":"50A Publication of investigation report\n(1) The ICAC may publish an investigation report if the ICAC is of the\nopinion it is appropriate to do so.\n(2) A report published under subsection (1) must not name or identify\nany person in relation to a matter that amounts to no more than\nmisconduct or unsatisfactory conduct, unless, in the opinion of the\nICAC:\n(a) the alleged misconduct or unsatisfactory conduct gives rise to\na suspicion of systemic misconduct or unsatisfactory conduct;\nor\n(b) other exceptional circumstances exist that make it appropriate\nto name or otherwise identify the person.\n(3) Subsection (1) does not apply to an investigation report made to the\nSpeaker or Deputy Speaker under section 50(6).\n","sortOrder":58},{"sectionNumber":"51","sectionType":"section","heading":"Brief of evidence","content":"51 Brief of evidence\n(1) Following an investigation, the ICAC may provide a brief of\nevidence:\n(a) to a law enforcement agency for the purpose of investigating,\nor prosecuting a person for, an offence; or\n\nIndependent Commissioner Against Corruption Act 2017 43\n(b) to a public body or public officer for the purpose of\ninvestigating whether disciplinary action should be taken, or\ntaking disciplinary action, against a public officer.\n(2) Any material in a brief of evidence provided under subsection (1)\nthat would not be admissible in a civil or criminal proceeding\nbecause of section 82 must be provided in a sealed form,\nseparately to any other material in the brief of evidence, unless the\ninadmissible material is already in the public domain.\n","sortOrder":59},{"sectionNumber":"53","sectionType":"section","heading":"Report to Minister concerning referral","content":"53 Report to Minister concerning referral\n(1) If the ICAC has referred a matter to a referral entity, the ICAC may\nmake a report at any time about the referral including, but not\nlimited to, the following:\n(a) the nature of the matter referred;\n(b) any failure by the referral entity to follow a direction of the\nICAC in relation to the referral;\n(c) any other concerns of the ICAC about the referral entity's\nresponse to the referral.\nA report may contain recommendations – see section 56.\n(2) A report is to be made:\n(a) for a referral entity that is a public body or public officer – to\nthe responsible Minister for the public body or public officer; or\n(b) otherwise – to the ICAC Minister.\n","sortOrder":60},{"sectionNumber":"54","sectionType":"section","heading":"Report to Assembly concerning referral","content":"54 Report to Assembly concerning referral\n(1) This section applies if:\n(a) the ICAC has made a report under section 53; and\n(b) either:\n(i) the minister to whom the report is made provides a\nwritten response to the ICAC; or\n(ii) the minister to whom the report is made does not\nprovide a written response within a reasonable time; and\n(c) the ICAC is not satisfied with the minister's response (if any).\n\nIndependent Commissioner Against Corruption Act 2017 44\n(2) The ICAC may make a report on the referral:\n(a) to the Assembly Committee; or\n(b) if there is no Assembly Committee – to the Speaker.\n(3) The report:\n(a) may contain as much information as the ICAC considers\nappropriate in relation to the referral; and\n(b) must contain a fair representation of any response provided by\nthe minister.\nThe report may contain recommendations – see section 56.\n(4) The chairperson of the Assembly Committee or the Speaker must\ntable a copy of the report in the Legislative Assembly within 6 sitting\ndays after the chairperson or Speaker receives the report.\n","sortOrder":61},{"sectionNumber":"55","sectionType":"section","heading":"Public statements","content":"55 Public statements\n(1) This section applies in relation to a particular matter that the ICAC\nis dealing with or has dealt with, including a matter the ICAC has\nreferred to a referral entity.\n(2) The ICAC may make a statement in relation to the matter for any of\nthe following purposes:\n(a) to provide information about action taken or that may be taken\nby the ICAC in relation to the matter;\n(b) to indicate that it would be inappropriate for the ICAC to\ncomment on the matter;\n(c) to refuse to confirm or deny anything in relation to the matter;\n(d) to seek evidence in relation to the matter in the course of\npreliminary inquiries into, or an investigation of, the matter;\n(e) to provide information about a referral, including the outcome\nof the referral;\n(f) to address public misconception about a person or issue of\nwhich the ICAC has particular knowledge;\n(g) to request the Legislative Assembly to authorise the\npublication, or disclosure to the ICAC, of information or an\nitem that is or may be the subject of parliamentary privilege.\n\nIndependent Commissioner Against Corruption Act 2017 45\n(3) The ICAC may make a public statement, in a manner determined\nby the ICAC, to:\n(a) the public at large; or\n(b) a section of the public; or\n(c) a particular person or body.\n(4) Subsections (1) to (3) do not authorise any of the following public\nstatements:\n(a) an opinion as to whether a person has committed, is\ncommitting or is about to commit, an offence or a breach of\ndiscipline;\n(b) a comment as to the prospects of success of any current or\nfuture prosecution or disciplinary action;\n(c) the naming or identification of any person other than an MLA\nin relation to a matter that amounts to no more than\nmisconduct or unsatisfactory conduct unless, in the opinion of\nthe ICAC:\n(i) the alleged misconduct or unsatisfactory conduct gives\nrise to a suspicion of systemic misconduct or\nunsatisfactory conduct; or\n(ii) other exceptional circumstances exist that make it\nappropriate to name or otherwise identify the person.\n(5) For subsection (4)(a), a public statement that a person has\nengaged, is engaging or is about to engage in improper conduct is\nnot a public statement that the person is guilty of or has committed,\nis committing or is about to commit an offence or a breach of\ndiscipline.\n(6) Subsection (5) does not authorise the naming or identification of a\nperson contrary to subsection (4)(c).\n","sortOrder":62},{"sectionNumber":"56","sectionType":"section","heading":"Recommendations","content":"56 Recommendations\n(1) The ICAC may, at any time, make recommendations to a public\nbody or public officer in relation to preventing, detecting,\ninvestigating, prosecuting or otherwise dealing with improper\nconduct, if the ICAC considers the recommendations are within the\nfunctions of the body or officer to implement or progress.\n(2) Recommendations must be in writing and may be contained in a\nreport under this Division.\n\nIndependent Commissioner Against Corruption Act 2017 46\n(3) If recommendations are made in relation to an investigation, the\nICAC must:\n(a) identify in the recommendations the investigation to which\nthey relate; and\n(b) provide information to assist the public body or public officer to\nunderstand why the recommendations have been made and\nwhat they are intended to achieve.\n","sortOrder":63},{"sectionNumber":"57","sectionType":"section","heading":"Dealing with recommendations","content":"57 Dealing with recommendations\n(1) The ICAC may request a public body or public officer to whom\nrecommendations have been made to give written notice to the\nICAC, within a reasonable time specified in the notice, of:\n(a) the steps taken or proposed to be taken to implement the\nrecommendations; or\n(b) if no steps, or only some steps, have been taken or are\nproposed to be taken, the reasons for not taking all the steps\nnecessary to implement the recommendations.\n(2) If the ICAC is not satisfied that adequate steps have been taken to\nimplement the recommendations within a reasonable time as\nspecified, the ICAC, after considering any comments made by the\npublic body or public officer, may:\n(a) if the public officer is a minister – make a report concerning\nrecommendations under section 58; or\n(b) otherwise:\n(i) give a copy of the recommendations and a copy of the\ncomments to the responsible Minister for the public body\nor public officer; and\n(ii) invite the responsible Minister to provide a written\nresponse to the ICAC within a reasonable time specified\nin the invitation.\n(3) This section does not apply to recommendations made in a general\nreport mentioned in section 48(4)(b).\n\nIndependent Commissioner Against Corruption Act 2017 47\n","sortOrder":64},{"sectionNumber":"58","sectionType":"section","heading":"Report concerning recommendations","content":"58 Report concerning recommendations\n(1) This section applies if, under section 57(2)(b), the ICAC has given\nthe responsible Minister for a public body or public officer a copy of\nrecommendations and comments and:\n(a) the responsible Minister provides a written response to the\nICAC; or\n(b) the responsible Minister does not provide a written response\nwithin the time specified under section 57(2)(b)(ii).\n(2) This section also applies as mentioned in section 57(2)(a).\n(3) The ICAC may make a report concerning the recommendations to\nthe ICAC Minister.\n(4) A report concerning recommendations:\n(a) may contain as much information as the ICAC considers\nappropriate regarding the reasons for the recommendations\nand the context in which they were made; and\n(b) must contain a fair representation of:\n(i) any reasons provided by the public body or public officer\nfor not taking all the steps necessary to implement the\nrecommendations; and\n(ii) any response provided by the responsible Minister for\nthe public body or public officer.\n(5) The ICAC Minister must table a copy of the report concerning\nrecommendations in the Legislative Assembly within 6 sitting days\nafter the ICAC Minister receives the report.\n","sortOrder":65},{"sectionNumber":"59","sectionType":"section","heading":"Certain reports and public statements not to contain","content":"59 Certain reports and public statements not to contain\ninadmissible material\n(1) This section applies to the following:\n(a) a general report;\n(b) an investigation report made to the Speaker or Deputy\nSpeaker;\n(c) an investigation report that is to be published under\nsection 50A;\n(d) a report under section 54;\n\nIndependent Commissioner Against Corruption Act 2017 48\n(e) a report concerning recommendations;\n(f) a public statement.\n(2) The report or public statement must not contain any material that\nwould not be admissible in civil or criminal proceedings because of\nsection 82, unless the material is already in the public domain.\n(3) Subsection (2) does not prevent the ICAC from commenting on, or\ndrawing inferences from, the absence of any exculpatory evidence\nif the ICAC could otherwise do so but for subsection (2).\n(4) Subsection (2) does not prevent the use of material that would not\nbe admissible in civil or criminal proceedings because of section 82\nand that does not identify any individual:\n(a) for educational or training purposes; or\n(b) to disclose systemic improper conduct.\n","sortOrder":66},{"sectionNumber":"60","sectionType":"section","heading":"Evidence and procedure","content":"60 Evidence and procedure\n(1) For an investigation, including an examination or a public inquiry,\nthe ICAC is not bound by the rules of evidence.\n(2) The ICAC must conduct an examination or a public inquiry with as\nlittle formality and technicality as is, in the opinion of the ICAC,\nappropriate in the circumstances.\n(3) For subsection (2), the ICAC must, as far as the ICAC considers\nappropriate in the circumstances:\n(a) accept written submissions; and\n(b) conduct examinations and public inquiries in a non-adversarial\nmanner.\n","sortOrder":67},{"sectionNumber":"61","sectionType":"section","heading":"Attendance of persons in custody","content":"61 Attendance of persons in custody\n(1) If the ICAC requires the attendance at an examination or public\ninquiry of a person who is in custody, the ICAC may issue a written\ndirection for the production of the person at the time and place\nspecified in the direction.\n\nIndependent Commissioner Against Corruption Act 2017 49\n(2) The direction is to be given:\n(a) if the person is in the lawful custody of the Commissioner of\nCorrectional Services – to the Commissioner of Correctional\nServices; or\n(b) if the person is in the lawful custody of the Commissioner of\nPolice – to the Commissioner of Police.\n(3) The direction is sufficient authority for producing the person, who\nmust be produced accordingly.\nlawful custody:\n(a) of the Commissioner of Correctional Services, see\nsection 9(1) of the Correctional Services Act 2014; or\n(b) of the Commissioner of Police, means under arrest or\notherwise in the lawful custody of a police officer.\n","sortOrder":68},{"sectionNumber":"62","sectionType":"section","heading":"Order for surrender of passport","content":"62 Order for surrender of passport\n(1) The ICAC may apply to the Supreme Court if:\n(a) a notice has been given to a person to attend an examination\nor public inquiry, whether or not the person has received the\nnotice; and\n(b) the ICAC believes on reasonable grounds that the person may\nbe able to give evidence that may be relevant to the\ninvestigation to which the examination or public inquiry relates;\nand\n(c) the ICAC suspects on reasonable grounds that the person\nintends to leave Australia and has possession or control of a\npassport, whether Australian or foreign, issued to the person.\n(2) If satisfied by evidence on oath of the matters mentioned in\nsubsection (1), the Supreme Court may order the person to\nsurrender every passport, whether Australian or foreign, held by the\n(3) If the Supreme Court makes an order under subsection (2):\n(a) the passport or passports must be given to the ICAC; and\n(b) the ICAC may retain the passport or passports for the period,\nnot exceeding 1 month, specified in the order.\n\nIndependent Commissioner Against Corruption Act 2017 50\n(4) The Supreme Court, on application by the ICAC, may extend for a\nfurther period or periods, not exceeding 1 month each, the period\nfor which the ICAC may retain the passport or passports, but not so\nthat the total period of retention exceeds 3 months.\n(5) On application by the person, the Supreme Court may at any time\nrevoke an order under subsection (2) and, if so, the ICAC must\nimmediately return the passport or passports to the person.\n(6) As soon as practicable after an order is made under subsection (2),\nextended under subsection (4) or revoked under subsection (5), the\nICAC must give a copy of the order, extension or revocation to the\nCommonwealth Minister administering the Australian Passports\nAct 2005 (Cth).\n","sortOrder":69},{"sectionNumber":"63","sectionType":"section","heading":"Injunction to refrain from conduct pending investigation","content":"63 Injunction to refrain from conduct pending investigation\n(1) On application by the ICAC, the Supreme Court may grant an\ninjunction restraining a person from engaging in conduct that is the\nsubject of, or affects the subject matter of, an investigation or\nproposed investigation by the ICAC.\n(2) The Supreme Court may grant an injunction only if satisfied that:\n(a) the conduct sought to be restrained is likely to impede the\ninvestigation or proposed investigation; or\n(b) it is necessary in the public interest to do so.\n","sortOrder":70},{"sectionNumber":"64","sectionType":"section","heading":"Exclusion of certain injunctive remedies","content":"64 Exclusion of certain injunctive remedies\nAn action does not lie against the ICAC:\n(a) to restrain the ICAC from commencing, or continuing to\nconduct, or to compel the ICAC to commence, or continue to\nconduct, an investigation or public inquiry; or\n(b) to restrain the ICAC from making, or to compel the ICAC to\nmake, a referral; or\n(c) to restrain the ICAC from doing anything under Division 7, or\nto compel the ICAC to do something under that Division.\n\nIndependent Commissioner Against Corruption Act 2017 51\n","sortOrder":71},{"sectionNumber":"65","sectionType":"section","heading":"Restriction on access to ICAC premises and protected ICAC","content":"65 Restriction on access to ICAC premises and protected ICAC\ninformation\n(1) Despite any law of the Territory to the contrary, a public body or\npublic officer may access ICAC premises or protected ICAC\ninformation only:\n(a) with the ICAC's consent; or\n(b) with a Supreme Court order made under this section.\n(2) A public body or public officer wishing to access ICAC premises or\nprotected ICAC information may apply to the Supreme Court for an\norder authorising the access.\n(3) The public body or public officer must notify the ICAC of the\napplication and the ICAC may appear and make submissions at the\nhearing of the application.\n(4) The Supreme Court may make an order authorising the public body\nor public officer to access the premises or information, subject to\nany conditions the Court considers appropriate, if satisfied:\n(a) accessing the premises or information is necessary for the\npublic body or public officer to perform official functions; and\n(b) the benefits of the access substantially outweigh the risk of:\n(i) prejudice to the ICAC in performing the ICAC's\nfunctions; or\n(ii) revealing the identity of a protected person.\n(5) This section does not apply to access to ICAC premises or\nprotected ICAC information by an authorised officer exercising a\npower under Part 4.\nprotected ICAC information means information held by the ICAC,\nthe ICAC's Office or a member of ICAC staff in connection with, or\nas a result of any of the following:\n(a) an evaluation or review;\n(b) preliminary inquiries;\n(c) an investigation;\n(ca) a protected communication;\n\nIndependent Commissioner Against Corruption Act 2017 52\n(d) a report, statement or recommendation under Division 7.\n","sortOrder":72},{"sectionNumber":"66","sectionType":"section","heading":"Power to enter premises of public body or public officer","content":"66 Power to enter premises of public body or public officer\n(1) Subject to subsection (2), an authorised officer may enter and\nremain on premises occupied or used by either of the following at\nany time for the purpose of performing functions under this Act:\n(a) a public body;\n(b) a public officer for official duties.\n(2) Subsection (1) does not permit an authorised officer to enter or\nremain on:\n(a) any part of a premises that is residential premises; or\n(b) any premises or part of a premises:\n(i) occupied or used by a public body of a kind mentioned in\nsection 16(1)(l) or a member, officer or employee of such\na body; and\n(ii) not occupied or used by any other type of public body or\npublic officer.\n","sortOrder":73},{"sectionNumber":"67","sectionType":"section","heading":"Power to enter other premises","content":"67 Power to enter other premises\n(1) An authorised officer may enter and remain on premises other than\nthose mentioned in section 66, if the officer believes on reasonable\ngrounds that there is anything that may be evidence of improper\nconduct on the premises.\n(2) The power may be exercised:\n(a) with the consent of the owner or occupier; or\n(b) with the authority of a search warrant.\n(3) At the reasonable request of a person apparently in charge of the\npremises or any other person on the premises, the authorised\nofficer must produce the officer's identity card for inspection.\n","sortOrder":74},{"sectionNumber":"68","sectionType":"section","heading":"Search warrants","content":"68 Search warrants\n(1) An authorised officer may apply to a judicial officer for a search\nwarrant if the officer believes on reasonable grounds that entry to\nthe premises is necessary for the purpose of an investigation.\n\nIndependent Commissioner Against Corruption Act 2017 53\n(2) The application:\n(a) must specify the investigation to which the warrant relates,\nincluding the kind of improper conduct being investigated; and\n(b) may be made:\n(i) in person; or\n(ii) if that is not practical – by telephone, fax or other\nelectronic method.\n(3) The judicial officer may issue a search warrant to the authorised\nofficer if satisfied by evidence on oath that there are reasonable\ngrounds for the belief mentioned in subsection (1).\n(4) A search warrant authorises an authorised officer to enter and\nremain on the premises specified in the warrant for the purpose of\ncarrying out a search of the premises or persons on or about the\npremises.\n(5) A search warrant may authorise the exercise of the powers\nconferred by the warrant:\n(a) at any time; or\n(b) subject to limitations as to hours of the day (or night), or other\nlimits as to the time, when the powers may be exercised.\n(6) A search warrant must specify the date on which it ceases to have\neffect, which must be not later than 30 days after the date on which\nit is issued.\n(7) A search warrant may be executed by the authorised officer to\nwhom it is issued or by another authorised officer.\n(8) The authorised officer executing a search warrant must produce the\nwarrant for inspection when asked by a person on the premises.\n","sortOrder":75},{"sectionNumber":"69","sectionType":"section","heading":"Obtaining warrant by telephone or other electronic method","content":"69 Obtaining warrant by telephone or other electronic method\n(1) This section applies if a judicial officer issues a search warrant on\nan application under section 68(2)(b)(ii).\n(2) The judicial officer must:\n(a) complete and sign the warrant; and\n(b) inform the authorised officer of its terms; and\n(c) record on the warrant the reasons for issuing it.\n\nIndependent Commissioner Against Corruption Act 2017 54\n(3) The authorised officer must:\n(a) complete in duplicate a form of warrant in the terms given\nunder subsection (2)(b); and\n(b) write on both copies the name of the judicial officer and the\ndate and time the warrant was issued; and\n(c) send one of the copies to the judicial officer.\n(4) On receiving the copy, the judicial officer must:\n(a) compare it with the warrant the judicial officer signed; and\n(b) if satisfied they are in substance identical, note this fact on the\nwarrant and send the warrant and copy to the ICAC.\n(5) If the form of the warrant prepared under subsection (3)(a) is in\nsubstance identical to the warrant signed by the judicial officer\nunder subsection (2)(a), it has the same authority as a search\nwarrant issued under section 68(3).\n","sortOrder":76},{"sectionNumber":"70","sectionType":"section","heading":"Entry on Aboriginal land","content":"70 Entry on Aboriginal land\nIf it is necessary or convenient for an authorised officer to enter\nland to exercise a power under this Act, the officer may do so for\nthat purpose despite:\n(a) the land being Aboriginal land as defined in section 3 of the\nAboriginal Land Act 1978; and\n(b) the officer not holding a permit under that Act to enter or\nremain on the land.\n","sortOrder":77},{"sectionNumber":"71","sectionType":"section","heading":"Powers of authorised officers while on or about premises","content":"71 Powers of authorised officers while on or about premises\n(1) An authorised officer who enters premises under this Part may\nexercise one or more of the following powers:\n(a) search the premises and examine anything on the premises\n(opening the thing by force if necessary);\n(b) take photographs, or make films or audio, video or other\nrecordings, of anything on the premises or found on a person\nsearched under section 73;\n(c) operate equipment or facilities on the premises;\n(d) seize anything found on the premises, or on a person\nsearched under section 73, that the authorised officer believes\non reasonable grounds may be evidence of improper conduct\n\nIndependent Commissioner Against Corruption Act 2017 55\nand retain it for as long as may be necessary for one or more\nof the following purposes:\n(i) to examine it to determine its evidentiary value;\n(ii) to copy it;\n(iii) if it is relevant to an investigation or possible future\ninvestigation – for the investigation;\n(e) issue a notice (a retention notice) requiring that a thing\nmentioned in paragraph (d) not be moved or interfered with\nwithout the approval of an authorised officer;\n(f) if a thing mentioned in paragraph (d) cannot be conveniently\nmoved – secure it against interference;\n(g) require a person on or about the premises to do any of the\nfollowing:\n(i) state the person's full name, date of birth and how the\nperson may be contacted;\n(ii) produce evidence of the person's identity;\n(iii) answer (orally or in writing) questions asked by the\nauthorised officer;\n(iv) produce a thing the authorised officer believes on\nreasonable grounds is connected with improper conduct;\n(v) operate equipment or facilities on the premises;\n(vi) give the authorised officer any translation, code,\npassword or other information necessary to gain access\nto, or interpret and understand, anything located or\nobtained by the officer in the course of exercising the\nofficer's functions under this Part;\n(via) move to a specified place in the premises or keep a\nspecified distance from a specified person or object;\n(vii) give other assistance the authorised officer reasonably\nrequires;\n(h) give directions to a person in charge of a vehicle or vessel in\nrelation to the stopping or movement of the vehicle or vessel.\n\nIndependent Commissioner Against Corruption Act 2017 56\n(2) A person to whom a requirement is made under subsection (1)(g)\nor a direction is given under subsection (1)(h):\n(a) must comply with the requirement or direction to the extent the\nperson is able to do so; and\n(b) if asked to answer a question – must do so to the best of the\nperson's knowledge, information and belief.\n(3) An offence against subsection (2) is an offence of strict liability.\n(4) If an authorised officer seizes anything under this section, the\nofficer must issue a receipt and:\n(a) if the owner or occupier, or a person apparently responsible to\nthe owner or occupier, is present – give the receipt to the\nowner, occupier or person; or\n(b) otherwise:\n(i) leave the receipt on the premises, or in another location\nagreed with the owner or occupier, in an envelope\naddressed to the owner or occupier; or\n(ii) make alternative arrangements with the owner or\noccupier for delivery of the receipt.\n(5) While anything seized under this section remains in the ICAC's\npossession, the ICAC must allow the owner or occupier reasonable\naccess to it.\n","sortOrder":78},{"sectionNumber":"72","sectionType":"section","heading":"Procedure for retention notices","content":"72 Procedure for retention notices\n(1) A retention notice:\n(a) must be given in writing to the owner, or person apparently in\ncontrol, of the thing to which it relates; and\n(b) must state that it is an offence to move or interfere with the\nthing without the approval of an authorised officer.\n(2) A person commits an offence if:\n(b) the conduct results in the contravention of a retention notice\nand the person has knowledge of the result.\n\nIndependent Commissioner Against Corruption Act 2017 57\n(3) If the ICAC subsequently determines that a thing to which a\nretention notice relates should be seized, an authorised officer may:\n(a) without warrant, enter and remain on the premises where the\nthing is reasonably suspected to be located, for the purpose of\nseizing the thing; and\n(b) exercise any of the powers in section 71 for that purpose.\n","sortOrder":79},{"sectionNumber":"73","sectionType":"section","heading":"Search of persons","content":"73 Search of persons\n(1) This section applies only if premises are entered under a search\nwarrant.\n(2) An authorised officer may search a person on or about the\npremises whom the authorised officer suspects on reasonable\ngrounds has on their person evidence of improper conduct.\n(3) In searching a person under this section, the authorised officer:\n(a) may run the officer's hands over the person's outer clothing;\nand\n(b) may require the person to remove a coat, jacket, hat or shoes\nthe person is wearing, and may run the officer's hands over\nthe person's remaining outer clothing; and\n(c) if the officer sees or detects anything the officer suspects on\nreasonable grounds is, or contains, evidence of improper\nconduct – may require the person to surrender the thing for\ninspection; and\n(d) may use reasonable force to remove a thing from a person if\nthe person does not comply with a requirement to remove or\nsurrender the thing under paragraph (b) or (c); and\n(e) may inspect a thing that a person has removed or\nsurrendered, or that has been removed from a person; and\n(f) must conduct the search in a manner that affords, to the\nextent that the circumstances of the search permit, reasonable\nprivacy to the person being searched; and\n(g) must conduct the search as quickly as is reasonably\npracticable in the circumstances.\n(4) A search must be conducted by a person of the same sex as the\nperson being searched unless it is not reasonable or practicable to\ndo so in the circumstances of the search.\n\nIndependent Commissioner Against Corruption Act 2017 58\n","sortOrder":80},{"sectionNumber":"74","sectionType":"section","heading":"Power to require verification and further information from","content":"74 Power to require verification and further information from\npersons providing information to ICAC\n(1) For the performance of the ICAC's functions under this Act, the\nICAC may, at any time, do any of the following:\n(a) require a person who has provided information to the ICAC to:\n(i) verify the information by statutory declaration; or\n(ii) answer questions, or provide further information, in\nrelation to the information;\n(b) require a person who has made a protected communication to\nproduce items in the person's possession or control that are\nrelevant to the protected communication.\n(2) A requirement under subsection (1) may be made:\n(3) A written notice to provide further information or produce an item\nmay require the person to verify the further information or item by\nstatutory declaration.\n(4) If an item is produced under this section:\nmust allow the person reasonable access to the item.\n","sortOrder":81},{"sectionNumber":"75","sectionType":"section","heading":"Persons assisting authorised officers","content":"75 Persons assisting authorised officers\n(1) An authorised officer entering premises under this Part may be\naccompanied and assisted by another person.\n(2) A person assisting the authorised officer may do anything required\nby the authorised officer that is within the scope of the authorised\nofficer's powers.\n(3) Anything done lawfully by a person assisting the authorised officer\nis taken for all purposes to be done by the authorised officer.\n\nIndependent Commissioner Against Corruption Act 2017 59\n","sortOrder":82},{"sectionNumber":"76","sectionType":"section","heading":"Arrangements for access to confidential information","content":"76 Arrangements for access to confidential information\n(1) The ICAC may make arrangements with a public body or public\nofficer:\n(a) for access by the ICAC and other persons performing\nfunctions under this Act to confidential information and\ndatabases; and\n(b) for appropriate protection of the confidentiality of information\naccessed.\n(2) A public body or public officer may allow access to information and\ndatabases in accordance with an arrangement under subsection (1)\ndespite any obligation of non-disclosure.\n","sortOrder":83},{"sectionNumber":"77","sectionType":"section","heading":"Power to direct public body or public officer to refrain from","content":"77 Power to direct public body or public officer to refrain from\naction\n(1) The ICAC may, by written notice, require a public body or public\nofficer to refrain from taking action specified in the notice if the\nICAC believes on reasonable grounds that taking the action would,\nor would be likely to, obstruct the ICAC performing functions under\nthis Act or prejudice a future investigation.\n(2) A public body or public officer commits an offence if:\n(a) the public body or public officer intentionally engages in\n(b) the conduct results in a contravention of a requirement in a\nnotice given to the body or officer under subsection (1) and\nthe public body or public officer has knowledge of the result.\n","sortOrder":84},{"sectionNumber":"78","sectionType":"section","heading":"Definitions","content":"78 Definitions\nclosed session means a part of a public inquiry not open to the\npublic.\nopen session means a part of a public inquiry open to the public.\n\nIndependent Commissioner Against Corruption Act 2017 60\nrepresentation, see the Dictionary to the Evidence (National\nUniform Legislation) Act 2011.\n","sortOrder":85},{"sectionNumber":"79","sectionType":"section","heading":"Confidential or privileged information","content":"79 Confidential or privileged information\n(1) Subject to this Act:\n(a) no obligation of secrecy or confidentiality or other restriction\non disclosing information (imposed by a law of the Territory or\notherwise) applies to the giving of evidence; and\n(b) no privilege exists to protect the refusal or failure to give\nevidence on grounds of public interest immunity; and\n(c) no privilege exists in favour of the Territory or a public body\n(other than a body that is a public body only because of\nsection 16(1)(l)) to protect the refusal or failure to give\nevidence on grounds of client legal privilege.\nNote for subsection (1)(c)\nClient legal privilege for individuals is dealt with in section 80.\n(2) However, a person is not authorised or required by this Act:\n(a) to disclose information contrary to section 38 of the Northern\nTerritory Aboriginal Sacred Sites Act 1989; or\n(b) to disclose confidential information about the decisions,\nproceedings or deliberations of:\n(i) the Executive Council or a committee of the Executive\nCouncil; or\n(ii) the Cabinet or a committee of the Cabinet; or\n(c) to disclose confidential information about communications\namong members of the Executive Council or Cabinet or\namong Australian governments; or\n(d) to produce a document or to disclose information about a\ndocument that is exempt under section 45(1)(a) of the\nInformation Act 2002.\n(3) If, but for subsection (1)(c), the Territory or a public body could\nclaim privilege in relation to information, the ICAC must not make\nthe information available to the public, in a report or otherwise,\nexcept to the extent the ICAC considers necessary to explain or\nsupport a finding of improper conduct the ICAC has made public.\n\nIndependent Commissioner Against Corruption Act 2017 61\n","sortOrder":86},{"sectionNumber":"80","sectionType":"section","heading":"Client legal privilege","content":"80 Client legal privilege\nA witness has a reasonable excuse for refusing or failing to give\nevidence if the evidence:\n(a) relates to conduct of the witness or another individual; and\n(b) is protected by client legal privilege.\n","sortOrder":87},{"sectionNumber":"81","sectionType":"section","heading":"Privilege against self-incrimination","content":"81 Privilege against self-incrimination\n(1) Except as provided by subsection (2) or (3), a witness is not entitled\nto refuse or fail to give evidence on the ground that the evidence\nmight tend to incriminate the witness or make the witness liable to a\npenalty.\n(2) If a witness is currently charged with an offence:\n(a) the witness is entitled to refuse or fail to give evidence on the\nground that the evidence might tend to incriminate the witness\nin relation to the offence; and\n(b) the ICAC must inform the witness of that entitlement:\n(i) before the witness is asked a question, or gives\ninformation or produces an item, at an examination or\npublic inquiry; or\n(ii) otherwise – before the witness is asked a question, or\ngives information or produces an item, that could\nreasonably be expected to elicit a representation that\nmight tend to incriminate the witness in relation to the\noffence.\n(3) A witness at an open session is also entitled to refuse or fail to give\nevidence on the ground that the evidence might tend to incriminate\nthe witness in relation to an offence that, in the ICAC's opinion, is\nnot materially relevant to the alleged improper conduct that is the\nsubject of the public inquiry.\n(4) For a public inquiry, the ICAC must hear submissions about the\napplicability of subsection (2) or (3) in a closed session if the\nwitness requests.\n","sortOrder":88},{"sectionNumber":"82","sectionType":"section","heading":"Subsequent use of representations made by witness","content":"82 Subsequent use of representations made by witness\n(1) A representation made by a witness in evidence given to the ICAC\nor an authorised officer is not admissible in evidence against the\nwitness in a civil or criminal proceeding except a proceeding for an\noffence against this Act.\n\nIndependent Commissioner Against Corruption Act 2017 62\n(2) Subsection (1) does not apply to evidence given by a witness if,\nbefore the person gave the evidence, the ICAC or an authorised\nofficer informed the person that the person was not obliged to give\nthe evidence, but if the person did so, the evidence could be used\nagainst them in civil or criminal proceedings.\n(3) Subsection (1) also does not apply to an item given in evidence to\nthe ICAC or an authorised officer if the item did not come into\nexistence as part of giving evidence to the ICAC or an authorised\nofficer, as long as the item is not relied on to prove that a\nrepresentation was made in evidence given to the ICAC or an\nauthorised officer.\n(4) Subsection (3) applies to a copy of an item as if it were the original\nitem.\nExample for subsection (4)\nCopies of business records produced at an examination or public inquiry by a\nwitness may be admissible in subsequent proceedings if they are led as evidence\nof the activities of the business rather than as evidence that they were produced\nby the witness in giving evidence to the ICAC.\n(5) Subject to subsection (6), subsection (1) does not prevent the use\nof a representation made by a witness, or evidence given to the\nICAC or an authorised officer by the witness, to locate or identify\nfurther evidence which may be used in civil or criminal proceedings.\n(6) The ICAC must not disclose to a person or body (other than a\nmember of ICAC staff), or seek to elicit or use during an open\nsession, evidence given by the witness at an examination or closed\nsession that tends to incriminate the witness only in relation to a\nsummary offence.\n(7) Subsection (6) does not apply to evidence in relation to:\n(a) an offence that involves improper conduct; or\n(b) an offence the ICAC believes on reasonable grounds raises\nconcerns about a serious ongoing or future threat to a\nperson's health or safety, to public health or to the\nenvironment.\n","sortOrder":89},{"sectionNumber":"83","sectionType":"section","heading":"Parliamentary privilege","content":"83 Parliamentary privilege\n(1) Parliamentary privilege is limited to the extent that it would\notherwise prevent any of the following:\n(a) a person alleging under this Act that an MLA has engaged or\nis engaging in improper conduct;\n\nIndependent Commissioner Against Corruption Act 2017 63\n(b) the ICAC's investigation of an allegation mentioned in\nparagraph (a), whether or not the allegation is also the subject\nof a referral to the Speaker or Deputy Speaker;\n(c) the ICAC making findings in relation to an allegation\nmentioned in paragraph (a).\n(2) Subsection (1) does not limit parliamentary privilege in relation to\nevidence that might be relevant to allegations, investigations or\nfindings mentioned in that subsection.\n","sortOrder":90},{"sectionNumber":"83A","sectionType":"section","heading":"Journalist privilege","content":"83A Journalist privilege\nDespite section 127A of the Evidence (National Uniform\nLegislation) Act 2011:\n(a) the ICAC is not entitled to determine a claim of privilege under\nthat section despite the ICAC being prescribed as a judicial\nentity under that Act; and\n(b) the Supreme Court is instead to determine a claim of privilege\nto which that section applies made against the ICAC, in\naccordance with that section and under Division 2.\n","sortOrder":91},{"sectionNumber":"84","sectionType":"section","heading":"Definitions","content":"84 Definitions\nclaimant means a person who is entitled to claim that an item is the\nsubject of privilege or, in the case of parliamentary privilege, means\nthe Legislative Assembly.\nclaimant's representative, for a claimant, means:\n(a) a person nominated by the claimant; or\n(b) in the case of the Legislative Assembly:\n(i) a person nominated by the Legislative Assembly; or\n(ii) in the absence of a nomination – the Clerk.\nClerk means Clerk of the Legislative Assembly.\nproper officer, in relation to the performance of a function under\nthis Division, means an officer of the Supreme Court appointed by a\nSupreme Court Judge for that purpose.\n\nIndependent Commissioner Against Corruption Act 2017 64\nsecured item means an item sealed in an envelope, or otherwise\nsecured, under section 88(2)(b).\n","sortOrder":92},{"sectionNumber":"85","sectionType":"section","heading":"Meaning of subject of privilege","content":"85 Meaning of subject of privilege\nAn item is the subject of privilege if it is, or contains information\nthat is:\n(a) information or a document mentioned in section 79(2); or\n(b) the subject of client legal privilege, as provided for in\nsection 80; or\n(c) the subject of the privilege against self-incrimination, as\nprovided for in section 81; or\n(d) the subject of parliamentary privilege, as provided for in\nsection 83; or\n(e) the subject of privilege claimed under section 127A of the\nEvidence (National Uniform Legislation) Act 2011.\n","sortOrder":93},{"sectionNumber":"86","sectionType":"section","heading":"Notice of potentially privileged material","content":"86 Notice of potentially privileged material\n(1) An authorised officer who intends to inspect or view an item the\nofficer considers likely to be the subject of privilege (other than\nparliamentary privilege) must give reasonable notice to the\napparent claimant of the officer's intention.\n(2) Subsection (1) does not prevent the authorised officer from:\n(a) seizing or copying an item without viewing any part of it likely\nto be the subject of privilege; or\n(b) inspecting or viewing an item using a method reasonably\ndesigned to avoid viewing any part of it likely to be the subject\nof privilege.\n(3) An authorised officer who intends to inspect, copy or seize, or\nrequire a person searched to surrender, an item that the officer\nconsiders likely to be the subject of parliamentary privilege must\ngive reasonable notice to the Clerk of the officer's intention.\n","sortOrder":94},{"sectionNumber":"87","sectionType":"section","heading":"Process for dealing with claim of parliamentary privilege","content":"87 Process for dealing with claim of parliamentary privilege\n(1) If a memorandum is in effect, an authorised officer must act in\naccordance with it in relation to a claim that an item the officer\nwishes to inspect, copy or seize, or require a person searched to\nsurrender, is the subject of parliamentary privilege.\n\nIndependent Commissioner Against Corruption Act 2017 65\n(2) If the matter cannot be resolved in accordance with the\nmemorandum, or if there is no memorandum in effect, the\nauthorised officer must deal with the item in accordance with\nsection 88.\nmemorandum means a memorandum of understanding between\nthe Legislative Assembly and the ICAC in relation to parliamentary\nprivilege.\n","sortOrder":95},{"sectionNumber":"88","sectionType":"section","heading":"Privilege claims generally","content":"88 Privilege claims generally\n(1) This section applies:\n(a) if, for privilege other than parliamentary privilege:\n(i) an authorised officer wishes to inspect, copy or seize an\nitem or require a person searched to surrender an item;\nand\n(ii) a claimant or claimant's representative claims the item is\nthe subject of privilege; or\n(b) as mentioned in section 87(2).\n(2) The authorised officer must consider the claim of privilege and\neither:\n(a) cease exercising the power in relation to the item over which\nthe claim of privilege is made; or\n(b) if the authorised officer believes on reasonable grounds the\nitem may not be the subject of privilege – require the claimant\nor claimant's representative to immediately seal the item in an\nenvelope, or otherwise secure the item if it cannot be sealed in\nan envelope, and give the secured item to the officer.\n(3) The authorised officer must not inspect the item in considering the\nclaim of privilege but may copy the item if it is in electronic form as\nlong as copying the item does not disclose any part of the item that\nmay be privileged to the officer or another person not entitled to\nview that part of the item.\n(4) If the authorised officer requires the claimant to give the secured\nitem to the officer under subsection (2)(b), the officer must:\n(a) notify the ICAC as soon as reasonably practicable; and\n\nIndependent Commissioner Against Corruption Act 2017 66\n(b) as soon as reasonably practicable, give the secured item to\nthe proper officer to be held in safe custody.\n(5) Subject to section 90, a person must not open a sealed envelope,\nor otherwise interfere with a secured item, before delivery to the\nproper officer.\n(6) Despite subsection (2)(b), the authorised officer must not require\nthe claimant to give the secured item to the officer under that\nsubsection unless the officer gives the claimant or claimant's\nrepresentative a reasonable opportunity to accompany the officer in\ngiving the item to the proper officer.\n","sortOrder":96},{"sectionNumber":"89","sectionType":"section","heading":"Application to Supreme Court to determine privilege","content":"89 Application to Supreme Court to determine privilege\n(1) Within 7 days after a secured item is given to the proper officer\nunder section 88, an application to determine whether or not the\nitem is the subject of privilege may be made to the Supreme Court:\n(a) for privilege other than parliamentary privilege – by the\nclaimant or claimant's representative; or\n(b) for parliamentary privilege – by the ICAC.\n(2) An application to the Supreme Court to determine whether\nevidence that the ICAC has, or seeks to obtain, in order to carry out\nthe ICAC's functions is the subject of privilege may be made by the\nICAC at any time.\n(3) If an application is not made within 7 days, the proper officer must\ngive the item:\n(a) for privilege other than parliamentary privilege – to the ICAC;\nor\n(b) for parliamentary privilege – to the Clerk.\n(4) Within a reasonable time before the hearing of the application:\n(a) for privilege other than parliamentary privilege – the claimant\nor claimant's representative must notify the ICAC of the\napplication; or\n(b) for parliamentary privilege – the ICAC must notify the Clerk of\nthe application.\n(5) The ICAC is entitled to appear and be heard on the hearing of an\napplication.\n\nIndependent Commissioner Against Corruption Act 2017 67\n(6) The Clerk is entitled to appear and be heard on the hearing of an\napplication relating to parliamentary privilege.\n(7) If the proper officer gives an item to the ICAC under\nsubsection (3)(a):\n(a) the claimant is taken to have authorised the ICAC to view the\n(b) the claimant is not to be taken to have waived privilege for any\nother purpose.\n","sortOrder":97},{"sectionNumber":"90","sectionType":"section","heading":"Determination of privilege claim","content":"90 Determination of privilege claim\n(1) On an application under section 89, the Supreme Court is to\ndetermine whether or not the item or other evidence is the subject\nof privilege in whole or part.\n(2) For making a determination, the Judge constituting the Supreme\nCourt and any other person authorised by the Court may:\n(a) open the sealed envelope or otherwise access the item or\nother evidence; and\n(b) inspect the item or other evidence.\n(3) If the Supreme Court determines that the whole of the item or other\nevidence is the subject of privilege, the Court must order that the\nitem or other evidence be returned to the claimant or claimant's\nrepresentative.\n(4) If the Supreme Court determines that the whole of the item or other\nevidence is not the subject of privilege the Court must order that the\nitem or other evidence be given to the ICAC.\n(5) If the Supreme Court determines that part of the item or other\nevidence is the subject of privilege (the privileged part) and part is\nnot (the non-privileged part):\n(a) if the item or other evidence is able to be divided into the\nprivileged part and the non-privileged part – the Court must\ndivide the item or other evidence and order that the privileged\npart be returned to the claimant or claimant's representative\nand the non-privileged part be given to the ICAC; or\n\nIndependent Commissioner Against Corruption Act 2017 68\n(b) if paragraph (a) does not apply but the Court considers it\npossible to produce a copy of the item or other evidence from\nwhich the privileged part has been removed:\n(i) the Court must make orders the Court considers\nappropriate for production of the copy; and\n(ii) the Court must order that the copy be given to the ICAC\nand the item or other evidence be returned to the\nclaimant or claimant's representative; or\n(c) otherwise – the Court must order that the item or other\nevidence be returned to the claimant or claimant's\nrepresentative.\n(6) Except as provided in subsection (2), a person must not open a\nsealed envelope containing the item or other evidence, or otherwise\nhave access to the item or other evidence, before:\n(a) the Supreme Court determines the claim of privilege; or\n(b) the item or other evidence is returned to the claimant.\n(7) A person commits an offence if:\n(b) the conduct results in a contravention of subsection (6) and\nthe person is reckless in relation to the result.\n12 months.\n","sortOrder":98},{"sectionNumber":"91","sectionType":"section","heading":"Whistleblower protection principles","content":"91 Whistleblower protection principles\n(1) It is intended that this Act be administered according to the\nfollowing principles:\n(a) public bodies have the primary responsibility for providing\nprotected persons with protection and support;\n(b) the ICAC's role is to provide guidance as to how public bodies\ncan fulfil this responsibility and to take action if the ICAC\nconsiders a public body is not fulfilling its responsibility;\n\nIndependent Commissioner Against Corruption Act 2017 69\n(c) wherever possible, the identity of a protected person should\nbe kept confidential, as anonymity is the best protection of a\nperson from retaliation;\n(d) the principle that public bodies of the Territory are, and are to\nact as, model litigants in proceedings, including disciplinary\nproceedings.\n(2) This section does not create any legal rights in any person or give\nrise to any civil cause of action.\n","sortOrder":99},{"sectionNumber":"92","sectionType":"section","heading":"Meaning of protected action","content":"92 Meaning of protected action\n(1) A person takes protected action if:\n(a) the person, being an individual, makes a protected\ncommunication; or\n(b) the person (whether or not an individual) takes another action\nin the course of, or for the purpose of:\n(i) complying with this Act; or\n(ii) cooperating with a person or body performing functions\nunder this Act.\n(2) Despite subsection (1), an action is not protected action to the\nextent the action involves the provision or communication of\ninformation the person taking the action knows or believes is\nmisleading information.\n","sortOrder":100},{"sectionNumber":"93","sectionType":"section","heading":"Meaning of protected communication","content":"93 Meaning of protected communication\n(1) A protected communication is:\n(a) information in a report made by an individual to the ICAC in\naccordance with directions or guidelines under section 22; or\n(b) information mentioned in subsection (2) that is provided by an\nindividual to any of the following:\n(i) the ICAC or the ICAC's Office;\n(ii) the Ombudsman or the Ombudsman's Office;\n(iii) the Auditor-General or the Auditor-General's Office;\n(iv) the Health and Community Complaints Commissioner or\na staff member of the Commissioner;\n(v) the Children's Commissioner;\n\nIndependent Commissioner Against Corruption Act 2017 70\n(vi) the Environment Protection Authority;\n(vii) if the information relates to the ICAC, the ICAC's Office\nor a member of ICAC staff – the Inspector or a member\nof Inspector staff;\n(viii) if the information relates to a police officer – the\nCommissioner of Police;\n(ix) if the information relates to an MLA other than the\nSpeaker, including a minister – the Speaker;\n(x) if the information relates to the Speaker – the Deputy\nSpeaker;\n(xi) if the information relates to the Chief Justice – the next\nsenior Supreme Court Judge;\n(xii) if the information relates to a Supreme Court Judge,\nother than the Chief Justice, or to the Chief Judge – the\nChief Justice;\n(xiii) if the information relates to a Local Court Judge other\nthan the Chief Judge – the Chief Judge;\n(xiv) if the information relates to a contravention of the\nElectoral Act 2004 – the Electoral Commissioner;\n(xv) if the information relates to an employee or officer of a\npublic body – the entity with responsibility for the\nmanagement and control of the public body or a\nnominated recipient in their capacity as a nominated\nrecipient for the public body;\n(xvi) if the information relates to a contravention of the Public\nSector Employment and Management Act 1993 – the\nCommissioner as defined in section 3(1) of that Act; or\n(c) an action declared under section 94 to be a protected\n(2) For subsection (1)(b), the information is information the individual\nbelieves on reasonable grounds:\n(a) would tend to show that improper conduct has occurred, is\noccurring or is at risk of occurring; or\n(b) would assist the ICAC to perform the ICAC's functions; or\n\nIndependent Commissioner Against Corruption Act 2017 71\n(c) would otherwise assist in the administration, or achieving the\nobjects, of this Act.\n(3) It is irrespective:\n(a) whether a protected communication is made orally or in\nwriting; and\n(b) whether or not a protected communication is made\nanonymously; and\n(c) whether a protected communication is being investigated by\nthe ICAC or is referred to another entity for investigation.\n(4) For a protected communication mentioned in subsection (1)(a),\nsubsection (3) is subject to any contrary provision in the directions\nor guidelines under section 22.\n(4A) Despite anything to the contrary in this section, information is not a\nprotected communication unless:\n(a) the person providing the information indicates that:\n(i) the information is being provided as a protected\ncommunication; or\n(ii) in the case of a person mentioned in subsection (1)(b) –\nthe information is being provided to the person in the\nperson's capacity as a nominated recipient; or\n(b) the recipient otherwise determines that the information is a\nprotected communication.\nstaff member, in relation to the Health and Community Complaints\nCommissioner, see section 4(1) of the Health and Community\nServices Complaints Act 1998.\n","sortOrder":101},{"sectionNumber":"94","sectionType":"section","heading":"Declaration of protected communication","content":"94 Declaration of protected communication\n(1) An individual may apply to the ICAC for a declaration that an action\ntaken by the individual that involves an allegation of improper\nconduct is a protected communication.\n(2) The ICAC may, by written notice to the applicant, declare the action\nto be a protected communication, whether or not the action would\notherwise be a protected communication.\n\nIndependent Commissioner Against Corruption Act 2017 72\n(3) In determining whether to declare an action to be a protected\ncommunication, the ICAC must take into account the following\nmatters:\n(a) the seriousness of the improper conduct alleged;\n(b) whether the applicant believed, and had reasonable grounds\nfor believing, the information alleged was reliable;\n(c) whether the action was consistent with the processes and\npractices of a public body;\n(d) whether the applicant believed, and had reasonable grounds\nfor believing, the entity to which the allegation was made had\nstatutory responsibility for dealing with improper conduct of the\nkind alleged;\n(e) whether an alternative process for reporting improper conduct\nwas available and the applicant ought reasonably have used\nthat process instead of taking the action;\n(f) whether the applicant believed, and had reasonable grounds\nfor believing, the applicant was following any requirements for\nmaking a protected communication;\n(g) the extent to which the applicant believed that taking the\naction would genuinely assist in preventing, reducing or\ndealing with improper conduct;\n(h) whether taking the action was a reasonable preparatory step\nto, or reasonable part of, taking another action that is\nprotected action;\n(i) the actual and potential adverse impact on the public interest\nor the interests of any person caused by the action;\n(j) whether taking the action was reasonable in all the\ncircumstances.\n(4) An applicant or the ICAC may give a copy of a notice under\nsubsection (2) to any person or body.\n(5) In addition, the ICAC may direct a public body to ensure that the\ncontent of a notice under subsection (2) is brought to the attention\nof:\n(a) any persons specified by the ICAC; and\n\nIndependent Commissioner Against Corruption Act 2017 73\n(b) any other person who may be in a position to engage in\nretaliation for the action to which the notice relates or to\nprevent or deal with retaliation.\n(6) The rules of natural justice (including any duty of procedural\nfairness) do not apply to the ICAC in determining whether to\ndeclare an action to be a protected communication to the extent\ncomplying with those rules would be likely to:\n(a) reveal the identity of a protected person or otherwise put a\nprotected person at increased risk of retaliation; or\n(b) involve a risk that the individual who took the action would\nsuffer retaliation before the declaration is made.\n(7) The ICAC may, by written notice to an individual, vary or revoke a\nnotice under subsection (2) if, as a result of further information, the\nICAC considers the action taken or part of the action taken ought\nnot be a protected communication.\n(8) Variation or revocation of the declaration does not affect the status\nof the protected communication if it would be a protected\ncommunication even if the declaration had not been made.\n","sortOrder":102},{"sectionNumber":"95","sectionType":"section","heading":"Meaning of engage in retaliation","content":"95 Meaning of engage in retaliation\n(1) A person engages in retaliation against another person (the\nvictim) if the person causes, or threatens to cause, harm to the\nvictim:\n(a) with the intention of discouraging the victim or a third person\nfrom taking protected action; or\n(b) with the intention of discouraging the victim or a third person\nfrom supporting a protected person; or\n(c) because of protected action taken, or suspected by the person\nto have been taken, by the victim; or\n(d) because of action taken, or suspected by the person to have\nbeen taken, by the victim to support a protected person.\n(2) An intention or reason mentioned in subsection (1)(a) to (d) is a\nprohibited reason.\n(3) It is irrelevant whether or not the victim is a protected person.\nsupport includes assist and encourage.\n\nDivision 2 Responsibilities relating to protected communications\nIndependent Commissioner Against Corruption Act 2017 74\nDivision 2 Responsibilities relating to protected\n96 ICAC to issue directions and guidelines for dealing with\nvoluntary protected communications\n(1) The ICAC must issue directions and guidelines governing how a\nrecipient of a voluntary protected communication is to deal with the\n(2) The directions and guidelines may:\n(a) require the recipient to report the communication to the ICAC\nto the extent it involves suspected improper conduct involving\ncorrupt conduct, anti-democratic conduct or retaliation; and\n(b) encourage the recipient to report the communication to the\nICAC to the extent it involves other suspected improper\n(c) require the recipient to take action to minimise the risk of\nretaliation in relation to the communication.\n(3) The directions and guidelines may be included as part of directions\nand guidelines issued under section 22 or issued separately.\nvoluntary protected communication means a protected\ncommunication made otherwise than in compliance with a direction\nunder section 22 to report suspected improper conduct.\n","sortOrder":103},{"sectionNumber":"97","sectionType":"section","heading":"Nominated recipient","content":"97 Nominated recipient\n(1) The person responsible for the management or control of a public\nbody may nominate an eligible person to be the nominated\nrecipient for the public body for this Part.\n(2) A person is eligible for nomination if:\n(a) the person is a public officer; and\n(b) the person responsible for the management or control of a\npublic body is satisfied the person has suitable skills and\ntraining to be the nominated recipient.\n(3) A nomination:\n(a) must be in writing; and\n\nDivision 2 Responsibilities relating to protected communications\nIndependent Commissioner Against Corruption Act 2017 75\n(b) must specify the period for which the nomination has effect.\n(4) The same person may be appointed as the nominated recipient for\nmore than one public body.\n(5) The person responsible for the management or control of a public\nbody must notify the ICAC of a nomination, the expiry of a\nnomination or the revocation of a nomination as soon as practicable\nafter the nomination is made, expires or is revoked.\n(6) Notice of a nomination must include the name and contact details of\nthe nominated recipient and the period of the nomination.\n","sortOrder":104},{"sectionNumber":"98","sectionType":"section","heading":"Information to be given to purported protected person","content":"98 Information to be given to purported protected person\n(1) As soon as practicable after receiving a purported protected\ncommunication, the recipient must give the person who made the\ncommunication a written notice setting out:\n(a) a statement that the communication has been received; and\n(b) the date of receipt; and\n(c) an indication of the content of the communication; and\n(d) a statement that the communication is or may be a protected\ncommunication; and\n(e) information about the ICAC's role and contact details for the\nICAC's Office.\n(2) Subsection (1) does not apply if, despite making efforts that are\nreasonable in the circumstances, the recipient is unable to contact\nthe person who made a protected communication.\nExample for subsection (2)\nIt may not be possible to contact a person who made a protected communication\nanonymously.\n(3) In addition to the notice required by subsection (1), the recipient\nmust make reasonable efforts to inform the person who made a\nprotected communication of the matters specified in Schedule 2.\n(4) For a protected communication made to the person responsible for\nthe management or control of a public body, the person's\nobligations under this section may be fulfilled by the nominated\nrecipient for the public body.\n\nIndependent Commissioner Against Corruption Act 2017 76\n(5) This section does not apply in relation to a communication that is a\nprotected communication only because it is the subject of a\ndeclaration under section 94(2).\n","sortOrder":105},{"sectionNumber":"Div 3","sectionType":"division","heading":"Protection from liability","content":"Division 3 Protection from liability\n","sortOrder":106},{"sectionNumber":"99","sectionType":"section","heading":"Protection from liability – taking protected action","content":"99 Protection from liability – taking protected action\n(1) A protected person:\n(a) incurs no civil or criminal liability by taking protected action;\nand\n(b) does not become liable to disciplinary action, or other adverse\nadministrative action, for taking protected action.\n(2) In an action for defamation, protected action is absolutely\nprivileged.\n(3) Subsections (1) and (2) apply even if the protected action is taken\nin breach of an obligation of confidentiality.\n(4) Despite anything to the contrary in this Part, when a person takes\nprotected action, the person's liability for the person's own conduct\n(other than conduct consisting of taking the protected action) is not\naffected.\n","sortOrder":107},{"sectionNumber":"100","sectionType":"section","heading":"Offence to engage in retaliation","content":"100 Offence to engage in retaliation\n(b) the conduct is retaliation and the person is reckless in relation\nto that circumstance.\n(2) For subsection (1), if the retaliation consists of a threat to cause\n(a) the prosecution must prove that the person:\n(i) intended the victim to fear the threat would be carried\nout; or\n\nIndependent Commissioner Against Corruption Act 2017 77\n(ii) was reckless as to the victim fearing the threat would be\ncarried out; but\n(b) it is not necessary to prove that the victim actually feared the\nthreat would be carried out.\n(3) In a prosecution for an offence against subsection (1) consisting of\nconduct mentioned in section 95(1)(a) or (b), it is not necessary to\nprove that the victim or third person was actually discouraged from\ntaking protected action or providing support.\n(4) It is a defence to a prosecution for an offence against\n(a) the defendant's conduct was otherwise legal and was taken\nsubstantially for a reason other than a prohibited reason; or\n(b) the defendant believed on reasonable grounds the information\nprovided by the protected person that led to the defendant's\nconduct was false or misleading.\n(5) A prosecution for an offence against subsection (1) must be started\nwithin 2 years after the offence is alleged to have been committed.\n","sortOrder":108},{"sectionNumber":"101","sectionType":"section","heading":"Offence to engage in retaliation in course of management","content":"101 Offence to engage in retaliation in course of management\n(1) A person (person A) commits an offence if:\n(a) person A is a public officer; and\n(b) person A intentionally engages in conduct; and\n(c) the conduct is retaliation against another person (person B)\nand person A is reckless in relation to that circumstance; and\n(d) person B is a person under the management, supervision or\ncontrol of person A in person A's capacity as a public officer;\nand\n(e) the retaliation is engaged in in circumstances connected to\nperson A's management, supervision or control of person B;\nand\n(f) person A has knowledge of the circumstances mentioned in\nparagraphs (d) and (e).\n\nIndependent Commissioner Against Corruption Act 2017 78\n(3) For subsection (1), if the retaliation consists of a threat to cause\n(a) the prosecution must prove that person A:\n(i) intended person B to fear the threat would be carried\nout; or\n(ii) was reckless as to person B fearing the threat would be\ncarried out; but\n(b) it is not necessary to prove that person B actually feared the\nthreat would be carried out.\n(4) In a prosecution for an offence against subsection (1) consisting of\nconduct mentioned in section 95(1)(a) or (b), it is not necessary to\nprove that person B or a third person was actually discouraged from\ntaking protected action or providing support.\n(5) It is a defence to a prosecution for an offence against\n(a) person A's conduct was otherwise legal and was taken\nsubstantially for a reason other than a prohibited reason; or\n(b) person A believed that the conduct was a reasonable way of\ncarrying out person A's role and responsibilities as a public\n(c) person A believed on reasonable grounds the information\nprovided by the protected person that led to the conduct was\nfalse or misleading.\n(6) Person A has a legal burden of proof in relation to the matters\nmentioned in subsection (5).\n","sortOrder":109},{"sectionNumber":"102","sectionType":"section","heading":"Compensation for retaliation","content":"102 Compensation for retaliation\n(1) A person who engages in retaliation is liable to pay an amount to\nthe victim as compensation for the retaliation.\n(2) Compensation may be recovered:\n(a) as for damages for a tort in a court of competent jurisdiction;\nor\n(b) if within the small claims jurisdiction of the Tribunal – as a\nsmall claim in the Tribunal.\n\nIndependent Commissioner Against Corruption Act 2017 79\n(3) A court or the Tribunal may award an amount in the nature of\nexemplary damages in proceedings under this section.\n(4) In determining proceedings for compensation for retaliation, the\ncourt or Tribunal must take into account:\n(a) the reasonableness of the conduct of each party in the\ncircumstances leading to the retaliation and the circumstances\nof the retaliation; and\n(b) any conduct of a party that contributed to, or mitigated, the\nharm caused by the retaliation.\n(5) Proceedings for compensation for retaliation does not preclude\nother forms of relief.\n(6) A victim may bring proceedings under this section even if the\ndefendant has not been, or cannot be, prosecuted for an offence\nagainst section 100 in relation to the retaliation.\nsmall claims jurisdiction, see section 3 of the Small Claims\nAct 2016.\n","sortOrder":110},{"sectionNumber":"103","sectionType":"section","heading":"Injunctive remedies for retaliation","content":"103 Injunctive remedies for retaliation\n(1) The Supreme Court may grant injunctive remedies for retaliation as\nfollows:\n(a) the Court may grant a mandatory injunction requiring a person\nwho has engaged in retaliation to take specified action to\nremedy any harm suffered by the victim;\n(b) the Court may grant an injunction to prevent a person\nengaging in retaliation.\n(2) An application may be made for an injunctive remedy under this\nsection by:\n(b) the victim or prospective victim of the retaliation or\napprehended retaliation.\n(3) In an appropriate case, the Supreme Court may make an order in\nthe nature of an interim injunction under this section.\n\nIndependent Commissioner Against Corruption Act 2017 80\n","sortOrder":111},{"sectionNumber":"104","sectionType":"section","heading":"Facilitating access to justice for victims of retaliation","content":"104 Facilitating access to justice for victims of retaliation\n(1) This section applies to:\n(a) proceedings for compensation under section 102; or\n(b) proceedings for an injunctive remedy under section 103.\n(2) The court or Tribunal hearing the proceedings must consider, taking\ninto account the matters mentioned in subsection (3), whether to\nexercise a power of the court or Tribunal:\n(a) to hold the proceedings in private; and\n(b) to prohibit the publication of evidence or information that may\nidentify the victim or prospective victim.\n(3) The matters the court or Tribunal must take into account are:\n(a) the extent to which the identity of the victim or prospective\nvictim is known; and\n(b) the increased risk of harm to the victim or prospective victim if\ntheir identity were more widely known as a result of the\nproceedings.\n(4) In addition to any other order the court or Tribunal may make, it\nmay order that an apology be made, publicly or in private, to the\nvictim or prospective victim, if the court or Tribunal considers an\napology may assist to mitigate harm or prevent future harm to the\nvictim or prospective victim.\n(5) For proceedings in a court, the court may award costs against the\nvictim or prospective victim only if satisfied:\n(a) the victim or prospective victim issued the proceedings\nvexatiously or without reasonable cause; or\n(b) unreasonable conduct by the victim or prospective victim\ncaused another party to incur the costs.\nNote for subsection (5)\nFor costs in proceedings in the Civil and Administrative Tribunal, see Part 4,\n","sortOrder":112},{"sectionNumber":"Div 6","sectionType":"division","heading":"of the Northern Territory Civil and Administrative Tribunal Act 2014.","content":"Division 6 of the Northern Territory Civil and Administrative Tribunal Act 2014.\n\nIndependent Commissioner Against Corruption Act 2017 81\n","sortOrder":113},{"sectionNumber":"105","sectionType":"section","heading":"Vicarious liability for retaliation","content":"105 Vicarious liability for retaliation\n(1) If an employee of a public body engages in retaliation in the course\nof employment, both the employee and the public body are jointly\nand severally liable for the retaliation and proceedings may be\ntaken under section 102 against either or both.\n(2) Subsection (1) does not apply if the public body proves that it took\nall reasonable steps to prevent the employee from doing the act\nreferred to in that subsection.\n(3) For the purposes of subsection (2) and without limiting the matters\nthat may be taken into account in determining whether the public\nbody has taken all reasonable steps, the following matters are to be\nconsidered:\n(a) the provision by the public body of training aimed at\npreventing or decreasing retaliation;\n(b) the development and implementation by the public body of\npolicies aimed at preventing or decreasing retaliation;\n(c) the financial circumstances of the public body;\n(d) the number of employees of the public body.\n(4) If a court or the Tribunal finds that a public body is liable under\nsubsection (1) for retaliation, the court or Tribunal must, before\nmaking an order for compensation:\n(a) consider the extent of steps taken by the public body to\nprevent the retaliation; and\n(b) take those steps into account in determining the proportion of\nthe amount to be paid as compensation by the public body.\n","sortOrder":114},{"sectionNumber":"106","sectionType":"section","heading":"Guidelines to minimise retaliation","content":"106 Guidelines to minimise retaliation\n(1) The ICAC must issue, and keep under review, guidelines for public\nbodies and public officers concerning frameworks and practices for\nminimising risks of retaliation.\n(2) Without limiting subsection (1), the guidelines may include\nmeasures for:\n(a) education and training; and\n\nIndependent Commissioner Against Corruption Act 2017 82\n(b) policies and processes; and\n(c) allocating responsibility and resources; and\n(d) creating a suitable organisational culture; and\n(e) managing situations in which persons are, or are likely to be,\nat risk of retaliation.\n(3) The guidelines must include a requirement for a public body or\npublic officer who receives a protected communication to keep the\nperson who made the communication reasonably informed:\n(a) in relation to steps taken to deal with the protected\ncommunication; and\n(b) as to whether the matter has been reported to the ICAC.\n(4) The ICAC must issue the guidelines within 12 months after the\ncommencement of this section.\n","sortOrder":115},{"sectionNumber":"107","sectionType":"section","heading":"Direction regarding action to protect persons from retaliation","content":"107 Direction regarding action to protect persons from retaliation\n(1) Subject to subsection (2), the ICAC may give a written direction to a\npublic body or public officer to do any of the following:\n(a) arrange for a public officer to be offered an opportunity to\nrelocate to a suitable role in a different work unit or location;\n(b) manage any risks that a particular person, or persons of a\nparticular group, will be the subject of retaliation;\n(c) take any other action or refrain from taking any action.\nSection 151 creates an offence for contravening a direction under this section.\n(2) The ICAC may give a direction under this section only if satisfied\nthat:\n(a) the direction would:\n(i) assist in reducing the risk of retaliation; or\n(ii) assist in mitigating harm suffered as a result of\nretaliation or preventing harm as a result of possible\nfuture retaliation; and\n(b) it is reasonable in all the circumstances to give the direction,\ntaking into account the nature and resources of the public\nbody or public officer.\n\nIndependent Commissioner Against Corruption Act 2017 83\n(3) Subject to subsection (4), before giving a direction under this\nsection to a public body or public officer, the ICAC:\n(a) must consult:\n(i) for a public body – the person responsible for the\nmanagement or control of a public body; or\n(ii) for a public officer – the public officer; and\n(b) may consult the Commissioner for Public Employment.\n(4) Subsection (3) does not apply to the extent that complying with that\nsubsection would be likely to:\n(a) reveal the identity of a protected person or otherwise put a\nprotected person at increased risk of retaliation; or\n(b) involve a risk that a person would suffer retaliation before the\ndirection is given.\n(5) The ICAC may give a direction under this section to an independent\npublic body or public officer only if the ICAC believes on reasonable\ngrounds the direction will have no more than a minimal negative\nimpact on the body or officer taking into account their nature and\nresources.\n(6) The ICAC may, in writing, vary or revoke a direction under this\nsection if, as a result of further information, the ICAC considers the\ndirection is no longer appropriate.\nindependent public body or public officer means:\n(a) a public body that does not represent the Territory or is not\notherwise controlled by the Territory or by another public body\nthat represents the Territory; or\n(b) a public officer:\n(i) who does not represent the Territory; or\n(ii) who is a member, officer or employee of a public body\nmentioned in paragraph (a).\n","sortOrder":116},{"sectionNumber":"108","sectionType":"section","heading":"Supreme Court may vary or revoke direction","content":"108 Supreme Court may vary or revoke direction\n(1) A public body or public officer may, at any time, apply to the\nSupreme Court to vary or revoke a direction given to the body or\nofficer under section 107.\n\nIndependent Commissioner Against Corruption Act 2017 84\n(2) On an application, the Supreme Court may, by order, do any of the\nfollowing if satisfied as mentioned in subsection (3):\n(a) vary the direction;\n(b) revoke the direction;\n(c) revoke the direction and substitute a direction the ICAC could\nhave given under section 107.\n(3) The Supreme Court must be satisfied that:\n(a) non-compliance with the direction is urgently required to take\naction to prevent substantial harm to a person or to essential\npublic interests; or\n(b) both of the following apply:\n(i) non-compliance with the direction is reasonable to\nperform the essential functions of the public body or\npublic officer;\n(ii) the public body or public officer has taken reasonable\nsteps to minimise the risk of retaliation to a person or to\nprotect a person who may be at risk of retaliation.\n(4) If the Supreme Court substitutes a direction under\nsubsection (2)(c), the new direction is taken to be a direction by the\nICAC under section 107.\n","sortOrder":117},{"sectionNumber":"109","sectionType":"section","heading":"Parties and procedure","content":"109 Parties and procedure\n(1) This section applies for proceedings for an order under section 108.\n(2) The parties to the proceedings are:\n(a) the applicant; and\n(b) a protected person, or other person who may be at risk of\nretaliation, who may be affected by the variation or revocation\nof the direction to which the proceedings relate; and\n(c) the ICAC; and\n(d) if the Commissioner for Public Employment applies to be\njoined – the Commissioner for Public Employment.\n(3) The Supreme Court must consider, taking into account the matters\nmentioned in subsection (4), whether to exercise a power:\n(a) to hold the proceedings in private; and\n\nIndependent Commissioner Against Corruption Act 2017 85\n(b) to prohibiting the publication of evidence or information that\nmay identify a protected person or other person who may be\nat risk of retaliation.\n(4) The matters the Supreme Court must take into account are:\n(a) the extent to which the identity of a protected person, or other\nperson who may be at risk of retaliation, is known; and\n(b) the increased risk of harm to a protected person, or other\nperson who may be at risk of retaliation, if their identity were\nmore widely known as a result of the proceedings.\n(5) In addition to subsection (3), the Supreme Court may hear evidence\nfrom a party in private, and without disclosing the evidence to\nanother party, if the Court is satisfied that this is necessary:\n(a) to keep the identity of a protected person, or other person who\nmay be at risk of retaliation, confidential; or\n(b) to protect the confidentiality of a current or possible future\ninvestigation by the ICAC.\n(6) If the Supreme Court is considering hearing evidence from a party\nin private without disclosing it to another party, the Court may:\n(a) notify the Inspector; and\n(b) require any material relevant to the proceedings to be made\navailable to the Inspector; and\n(c) permit the Inspector to appear in the proceedings and, for the\npurpose of testing the appropriateness or validity of the\ndirection the subject of the proceedings:\n(i) ask a witness questions; and\n(ii) make submissions.\n(7) The Supreme Court may permit the Inspector to ask questions or\nmake submissions under subsection (6)(c) in the absence of a party\nor a party's legal representative even if the party's interests may be\naffected by the subject matter of the questions or submissions.\n(8) The Supreme Court may award costs against a party who is a\nprotected person, or other person who may be at risk of retaliation,\nonly if satisfied:\n(a) the party issued the proceedings vexatiously or without\nreasonable cause; or\n\nIndependent Commissioner Against Corruption Act 2017 86\n(b) the party's unreasonable conduct caused another party to\nincur the costs.\n","sortOrder":118},{"sectionNumber":"110","sectionType":"section","heading":"Evaluations and reviews","content":"110 Evaluations and reviews\n(1) The ICAC may, at any time, evaluate or review a public body to\ndetermine:\n(a) whether the public body is complying, or has complied, with\ndirections and is adhering, or has adhered, to guidelines under\nthis Part; or\n(b) whether a particular person, or persons in a particular group,\nare at risk of retaliation.\n(2) Despite subsection (1), the ICAC cannot evaluate or review a court\nor judicial officer in relation to the performance of judicial functions.\n(3) For an evaluation or review, the ICAC may exercise the powers set\nout in Part 4.\n(4) The ICAC must provide a report in relation to the results of the\nevaluation or review to a person with responsibility for the public\nbody the subject of the evaluation or review.\n(5) The ICAC is not required to include in a report mentioned in\nsubsection (4) any information that may prejudice a current or\nfuture investigation, prosecution or disciplinary action.\n","sortOrder":119},{"sectionNumber":"111","sectionType":"section","heading":"Recommendations","content":"111 Recommendations\n(1) The ICAC may, at any time, make recommendations to a public\nbody for:\n(a) the improved compliance with directions, or improved\nadherence to guidelines, under this Part; or\n(b) the improved management of risks of retaliation.\n(2) Sections 57 and 58 apply to recommendations made under this\nsection as if they were recommendations made under section 56.\n","sortOrder":120},{"sectionNumber":"112","sectionType":"section","heading":"ICAC may arrange protection and require police assistance","content":"112 ICAC may arrange protection and require police assistance\n(1) This section applies if the ICAC considers that a person is at risk of\nintimidation, harassment or harm because the person:\n(a) is a protected person; or\n\nIndependent Commissioner Against Corruption Act 2017 87\n(b) is suspected of being a protected person; or\n(c) is connected with a person who is a protected person or\nsuspected of being a protected person.\n(2) The ICAC may take any action the ICAC considers necessary or\ndesirable for the protection of the person, including:\n(a) directing the Commissioner of Police to:\n(i) provide protection to the person; or\n(ii) assist the ICAC to provide protection to the person; or\n(iii) provide personnel or facilities to the ICAC for the\nprovision of protection to the person; or\n(b) making arrangements with another person or body to provide\nprotection to the person.\n(3) Despite subsection (2)(a), the ICAC cannot direct the\nCommissioner of Police to provide protection by including a person\nin the TWPP.\nUnder section 8(1) of the Witness Protection (Northern Territory) Act 2002 the\nCommissioner of Police has the sole responsibility of deciding whether to include\na person in the TWPP.\n(4) The ICAC must keep any direction issued under subsection (2)(a)\nunder reasonable review.\n(5) The Commissioner of Police, at any time, may apply to the ICAC to\nreview a direction given under subsection (2)(a).\n(6) If the Commissioner of Police applies to the ICAC under\nsubsection (5), the ICAC must review the direction and decide\nwhether to confirm, vary or revoke the direction.\nharm, see section 1A of the Criminal Code.\nTWPP, see section 3(1) of the Witness Protection (Northern\nTerritory) Act 2002.\n\nIndependent Commissioner Against Corruption Act 2017 88\n","sortOrder":121},{"sectionNumber":"112A","sectionType":"section","heading":"Interpretation","content":"112A Interpretation\n(1) In this Part:\nnon-NT political party means an organisation (whether\nincorporated or unincorporated), an object or activity of which is the\npromotion of the election to the Parliament of another Territory, a\nState or the Commonwealth of a candidate or candidates endorsed\nby it.\nrecent political affiliation, see subsection (2).\nreportable donation means a gift or loan that is required to be\ndisclosed or reported under Part 10 of the Electoral Act 2004 or\nunder a similar law in force in the Commonwealth or in a State or\nanother Territory.\n(2) For this Part, a person has a recent political affiliation if, at any\ntime during the previous 10 years, the person:\n(a) was a member of the Legislative Assembly or a local\ngovernment council; or\n(b) was an office holder or elected representative of a political\nparty or a non-NT political party; or\n(c) was a member of staff of a minister or of the Leader of the\nOpposition; or\n(d) was a member of electorate office staff for an MLA; or\n(e) was a member of a political party or a non-NT political party;\nor\n(f) made a reportable donation to any of the following:\n(i) a political party;\n(ii) a non-NT political party;\n(iii) an associated entity of a political party;\n(iv) an entity that is equivalent to an associated entity in\nrelation to a non-NT political party.\n(3) For subsection (2)(f), a person made a reportable donation if it was\n\nIndependent Commissioner Against Corruption Act 2017 89\nmade by the person or by a body corporate of which the person\nwas an office holder or majority shareholder at the time the\ndonation was made.\n","sortOrder":122},{"sectionNumber":"113","sectionType":"section","heading":"Appointment of ICAC","content":"113 Appointment of ICAC\n(1) The Administrator may appoint an eligible person to be the ICAC.\n(2) The appointment may be made only after receiving a\nrecommendation of the Legislative Assembly.\n(3) The ICAC Minister must table a copy of the appointment in the\nLegislative Assembly within 6 sitting days after the appointment is\nmade.\n","sortOrder":123},{"sectionNumber":"114","sectionType":"section","heading":"Eligibility for appointment","content":"114 Eligibility for appointment\n(1) A person is an eligible person for appointment as the ICAC if:\n(a) the person is:\n(i) a former judge of a superior Court; or\n(ii) a lawyer who has been admitted to the legal profession\nfor at least 10 years; and\n(b) the person is not:\n(i) a judicial officer; or\n(ii) a member of an Australian parliament; or\n(iii) a member of a local government council or of an\nequivalent body in a State or another Territory; and\n(c) the person does not have a recent political affiliation; and\n(d) the person is not, and has not been during the previous\n2 years, an Acting ICAC appointed under section 121(2).\n(4) If a person who is a public officer (other than as the ICAC) is\nappointed as the ICAC, the person cannot perform any functions as\nthe ICAC while the person remains a public officer.\n","sortOrder":124},{"sectionNumber":"115","sectionType":"section","heading":"Term of appointment","content":"115 Term of appointment\n(1) The appointment of a person as the ICAC is for a period of 5 years.\n(2) A person who is the ICAC may be reappointed, if still eligible, for\n\nIndependent Commissioner Against Corruption Act 2017 90\none further period of 5 years.\n","sortOrder":125},{"sectionNumber":"116","sectionType":"section","heading":"Conditions of appointment","content":"116 Conditions of appointment\n(1) Subject to Division 1A, the ICAC holds office on the conditions\n(including conditions about remuneration, expenses and\nallowances) determined by the Administrator.\n(2) The ICAC's conditions of office:\n(a) cannot provide any conditions (for example as to\nremuneration) that are contingent on the ICAC's performance\nin office; and\n(b) cannot be varied during the ICAC's term in office.\n","sortOrder":126},{"sectionNumber":"117","sectionType":"section","heading":"Leave of absence","content":"117 Leave of absence\nThe ICAC Minister may grant the ICAC leave of absence on the\nconditions decided by the ICAC Minister.\n","sortOrder":127},{"sectionNumber":"118","sectionType":"section","heading":"Vacancy in office","content":"118 Vacancy in office\n(1) The office of ICAC becomes vacant if:\n(a) the ICAC resigns under section 119; or\n(b) the ICAC's appointment is terminated under section 120; or\n(c) the ICAC is:\n(i) found guilty of an offence, whether in the Territory or\nelsewhere, for which the maximum penalty is\nimprisonment for a term of at least 12 months, with or\nwithout a fine; or\n(ii) sentenced to imprisonment for an offence, whether in\nthe Territory or elsewhere and whether or not the\nsentence is suspended; or\n(d) the ICAC becomes bankrupt, applies to take the benefit of a\nlaw for the relief of bankrupt or insolvent debtors, compounds\nwith creditors or makes an assignment of remuneration for\ntheir benefit; or\n(e) the ICAC becomes a candidate for election as a member of an\nAustralian parliament or a local government council; or\n(f) the ICAC becomes a public officer (other than through\nreappointment as the ICAC); or\n\nIndependent Commissioner Against Corruption Act 2017 91\n(g) the ICAC is no longer an eligible person for appointment.\n(2) A decision made, or other thing done, by the ICAC is not invalid\nonly because the ICAC is no longer, or never was, an eligible\nperson for appointment.\n","sortOrder":128},{"sectionNumber":"119","sectionType":"section","heading":"Resignation","content":"119 Resignation\nThe ICAC may resign office by written notice given to the\nAdministrator.\n","sortOrder":129},{"sectionNumber":"120","sectionType":"section","heading":"Suspension and termination of appointment","content":"120 Suspension and termination of appointment\n(1) The Administrator may suspend the ICAC from duty if:\n(a) the ICAC becomes physically or mentally incapable of\nsatisfactorily performing official duties; or\n(b) the ICAC engages in corrupt conduct; or\n(c) the ICAC engages in paid employment outside the duties of\noffice without the ICAC Minister's approval; or\n(d) the ICAC is absent from duty, without the approval of the\nICAC Minister and without reasonable excuse, for\n28 consecutive days or for 42 days in any 12 months.\n(2) The ICAC Minister must immediately give the ICAC a statement of\nreasons for the suspension.\n(3) The ICAC Minister must table in the Legislative Assembly the\nstatement and any written response by the ICAC within 6 sitting\ndays after the suspension.\n(4) If, within 6 sitting days after the statement is tabled, a resolution of\nthe Legislative Assembly is passed by a two-thirds majority of all of\nthe Assembly requiring the Administrator to terminate the ICAC's\nappointment, the Administrator must terminate the ICAC's\nappointment.\n(5) The suspension of the ICAC is lifted if:\n(a) the ICAC Minister does not table the statement under\nsubsection (3); or\n(b) the Legislative Assembly does not pass a resolution in\naccordance with subsection (4).\n(6) The ICAC is entitled to be paid remuneration and allowances during\nthe period of suspension.\n\nIndependent Commissioner Against Corruption Act 2017 92\n","sortOrder":130},{"sectionNumber":"121","sectionType":"section","heading":"Acting ICAC","content":"121 Acting ICAC\n(1) The Administrator may appoint an eligible person for appointment\nas the ICAC to act as the ICAC:\n(a) during a vacancy in the office; or\n(b) during a period, or all periods, when the ICAC (or another\nActing ICAC) is unable, or unavailable, to perform official\nduties.\n(2) The Administrator may appoint a person (including the Inspector) to\nact as the ICAC to investigate the conduct of the ICAC, the ICAC's\nOffice or a member of ICAC staff, if the person:\n(a) is an eligible person for appointment as the ICAC; and\n(b) is not, and has never been, a public officer.\n(5) An Acting ICAC holds office on the conditions (including conditions\nabout remuneration, expenses and allowances) determined by the\nAdministrator.\n(6) Section 114(4) does not apply to an Acting ICAC, but an Acting\nICAC cannot investigate a matter involving the conduct of:\n(a) a public body in which they are employed or hold office; or\n(b) a public body or public officer to which they provide services\nunder any form of arrangement; or\n(c) if the Acting ICAC is a public sector employee – a judicial\n(7) Concurrent appointments may exist under this section if the\nconditions of appointment distinguish the circumstances in which\neach appointee may act.\nExample for subsection (7)\nA person could be appointed as Acting ICAC in relation to a particular matter if\nthe ICAC is unable to perform the ICAC's functions in relation to that matter and\nanother person could be appointed as Acting ICAC in relation to another such\nmatter being dealt with at the same time.\n","sortOrder":131},{"sectionNumber":"122","sectionType":"section","heading":"Oath before taking office","content":"122 Oath before taking office\n(1) Before performing any functions as ICAC, the ICAC must take an\noath that the ICAC will faithfully, impartially and truly perform the\nfunctions of the ICAC according to law.\n\nIndependent Commissioner Against Corruption Act 2017 93\n(2) Before performing any functions as Acting ICAC, an Acting ICAC\nmust take an oath that the Acting ICAC will faithfully, impartially and\ntruly perform the functions for which the Acting ICAC is appointed,\naccording to law.\n(3) The oath must be administered:\n(a) for the ICAC – by the Administrator; or\n(b) for an Acting ICAC – by the Administrator or the\n","sortOrder":132},{"sectionNumber":"122A","sectionType":"section","heading":"Meaning of ordinary remuneration","content":"122A Meaning of ordinary remuneration\n(1) For this Division, subject to subsection (2), the ICAC's ordinary\nremuneration is the remuneration the ICAC is entitled to receive\nfor service as the ICAC.\n(2) If the ICAC has worked in a part-time capacity at any time during a\nperiod of service to which an entitlement to long service leave\nrelates, the ICAC's ordinary remuneration is to be determined on a\npro rata basis, based on the hours for which the ICAC was\nremunerated during the period of service.\n","sortOrder":133},{"sectionNumber":"122B","sectionType":"section","heading":"Entitlement to long service leave","content":"122B Entitlement to long service leave\n(1) The ICAC is entitled to 3 calendar months of long service leave\nafter completing 10 years of service.\n(2) After completing 10 years of service, the ICAC is entitled to\n9 calendar days of long service leave for each subsequent year of\ncompleted service.\n(3) The ICAC may accrue service in a full-time or part-time capacity or\nin a combination of those capacities.\n(4) The ICAC does not accrue service when the ICAC is:\n(a) on leave without pay; or\n(b) absent from work because of an injury for which the ICAC is\nreceiving workers' compensation payments.\n","sortOrder":134},{"sectionNumber":"122C","sectionType":"section","heading":"Grants of long service leave","content":"122C Grants of long service leave\n(1) The ICAC may take long service leave with the approval of the\n\nIndependent Commissioner Against Corruption Act 2017 94\n(2) The ICAC may, in respect of an entitlement to long service leave,\nbe granted a period of long service leave that is:\n(a) equal to the period of the entitlement and paid the ICAC's\nordinary remuneration during the period of leave; or\n(b) twice as long as the period of the entitlement and paid the\nICAC's ordinary remuneration at half pay during the period of\nleave; or\n(c) at least half as long as the period of the entitlement and paid:\n(i) during the period of leave – the ICAC's ordinary\nremuneration; and\n(ii) in respect of the remainder of the entitlement – a lump\nsum that is equal to the ICAC's ordinary remuneration\nthat would have been paid to the ICAC if the entitlement\nhad been taken as leave.\nExample for subsection (2)(c)\nAn ICAC entitled to 3 months of long service leave may elect to take 2 calendar\nmonths of long service leave and be paid a lump sum in lieu of taking the third\nmonth of the entitlement as long service leave. The ICAC is paid the ICAC's\nordinary remuneration during the 2 month period of leave and a lump sum that is\nequal to the remuneration the ICAC would have been paid during a third month of\nlong service leave.\n(3) During a period of leave mentioned in subsection (2)(b), the ICAC\naccrues service and service-based entitlements at half of the\nordinary rate of accrual.\nA service-based entitlement may include an entitlement to leave, including\nrecreation or long service leave.\n(4) Long service leave may be granted in months and tenths of a\nmonth but may not be granted for a period of leave that is less than\n7 days.\n(5) Weekends, public holidays and other days on which the ICAC\nwould not have ordinarily been required to work are part of long\nservice leave and do not extend the period of leave.\n(6) The ICAC may not be granted periods of long service leave that are\nseparated by a Saturday, Sunday or public holiday.\n\nIndependent Commissioner Against Corruption Act 2017 95\n","sortOrder":135},{"sectionNumber":"122D","sectionType":"section","heading":"Payment in lieu","content":"122D Payment in lieu\n(1) Subject to subsection (2), the ICAC is entitled to payment in lieu of\nlong service leave on cessation of employment as follows:\n(a) if the ICAC has completed 10 or more years of service –\npayment in lieu of the ICAC's unused entitlement to long\nservice leave at the date of cessation;\n(b) if the ICAC has completed a total of 9 years of service –\npayment for 67.5 calendar days of long service leave;\n(c) if the ICAC has completed a total of 8 years of service –\npayment for 45 calendar days of long service leave;\n(d) if the ICAC has completed a total of 7 years of service –\npayment for 22.5 calendar days of long service leave.\n(2) The ICAC is not entitled to payment in lieu under subsection (1)(b)\nto (d) if:\n(a) the ICAC's appointment is terminated under section 120(4)\nfollowing a suspension under section 120(1)(b), (c) or (d); or\n(b) the ICAC's appointment ends because a circumstance\nmentioned in section 118(1)(c) applies in relation to the ICAC.\n(3) If the ICAC dies, the ICAC's personal representative is entitled to be\npaid any amount that would have been payable to the ICAC under\nthis section.\n(4) Payment of an entitlement under this section is to be based on the\nICAC's ordinary remuneration.\n","sortOrder":136},{"sectionNumber":"123","sectionType":"section","heading":"ICAC staff","content":"123 ICAC staff\n(1) The ICAC's staff consists of:\n(a) public sector employees employed for the ICAC; and\n(b) persons employed in an Agency made available by the Chief\nExecutive Officer of the Agency under an arrangement with\nthe ICAC; and\n(c) police officers made available by the Commissioner of Police\nunder an arrangement with the ICAC; and\n(d) persons engaged by the ICAC as consultants; and\n\nIndependent Commissioner Against Corruption Act 2017 96\n(e) authorised officers appointed under section 131 who are not\npersons mentioned in paragraphs (a) to (d).\n(2) Unless otherwise agreed in writing between the ICAC and the\nCommissioner of Police, a police officer made available to the ICAC\ncontinues to have the duties, obligations, powers and privileges\nconferred or imposed on the police officer as a police officer.\n(3) However, subsection (2) is subject to section 124.\n","sortOrder":137},{"sectionNumber":"124","sectionType":"section","heading":"Staff not subject to external direction","content":"124 Staff not subject to external direction\nIn performing functions under this Act, a member of ICAC staff is\nsubject only to the direction of the ICAC or another member of\nICAC staff.\n","sortOrder":138},{"sectionNumber":"125","sectionType":"section","heading":"Delegation","content":"125 Delegation\n(1) The ICAC may delegate any of the ICAC's functions under this Act\nto a member of ICAC staff who in the opinion of the ICAC is a\nsuitable person to perform the function delegated.\n(2) However, the ICAC cannot delegate a function under section 157(2)\n(alternative manner of service).\nNote for section 125\nAlso, the ICAC cannot delegate the power of delegation – see section 46A(2) of\nthe Interpretation Act 1978.\n","sortOrder":139},{"sectionNumber":"126","sectionType":"section","heading":"Suitability checks","content":"126 Suitability checks\n(1) This section applies for the ICAC determining whether a person is a\nsuitable person:\n(a) to be or remain as a member of ICAC staff; or\n(b) to be appointed or remain as an authorised officer; or\n(c) to be delegated functions under section 125; or\n(d) to perform functions under this Act in relation to a matter being\ndealt with by the ICAC.\n(2) The ICAC may request the person to do any of the following:\n(a) provide or consent to a criminal history check and, if\nnecessary, provide biometric data for that purpose;\n(b) undergo a police intelligence or integrity check;\n(c) declare personal interests the ICAC considers relevant;\n\nIndependent Commissioner Against Corruption Act 2017 97\n(d) undergo a medical or psychological assessment;\n(e) make a statutory declaration in relation to matters determined\nby the ICAC to be relevant to the person's suitability.\n(3) The ICAC may take into account the person's irrelevant criminal\nrecord, if:\n(a) it appears relevant to the person's ability to be involved in a\nparticular matter in a way that will be and appear to be\nimpartial; or\n(b) it may generally bring the ICAC's reputation for impartiality\nand integrity into disrepute; or\n(c) it may affect the person's ability to carry out substantial parts\nof the person's role.\n(3A) A person who has a recent political affiliation is not suitable to be a\nmember of ICAC staff unless the person:\n(a) in the case of a person referred to in section 123(1)(a), (b), (c)\nor (e) – satisfies both the ICAC and the Inspector that the\nperson's past and present political opinion, affiliation or activity\nis sufficiently minor or remote so as not to affect the person's\nsuitability to be a member of ICAC staff; or\n(b) in the case of a person referred to in section 123(1)(d) –\nsatisfies the ICAC that the person's past and present political\nopinion, affiliation or activity is sufficiently minor or remote so\nas not to affect the person's suitability to be a member of\nICAC staff.\n(4) The acts mentioned in subsections (2), (3) and (3A) are specifically\nauthorised for section 53 of the Anti-Discrimination Act 1992.\n(5) This section does not apply in relation to the suitability of a person\nwho is an Acting ICAC unless the person is also a member of ICAC\nstaff.\n","sortOrder":140},{"sectionNumber":"127","sectionType":"section","heading":"Handling information regarding suitability","content":"127 Handling information regarding suitability\n(1) Subject to subsection (2), the ICAC must not disclose any\ninformation about a person obtained as a result of action taken\nunder section 126(2) to any person other than:\n(a) the person; or\n(b) the Inspector.\n\nIndependent Commissioner Against Corruption Act 2017 98\n(2) The ICAC may disclose information mentioned in subsection (1) to\nthe extent necessary for any proceeding relating to action taken in\nrelation to the person to which the information is relevant.\n(3) The ICAC must arrange for the secure storage of information\nmentioned in subsection (1) and for its destruction when it is no\nlonger required.\n","sortOrder":141},{"sectionNumber":"128","sectionType":"section","heading":"Annual report","content":"128 Annual report\n(1) The ICAC must give the ICAC Minister a report on the performance\nof the ICAC's functions during a financial year within 3 months after\nthe end of the financial year.\n(2) The report must include the following in relation to the financial\nyear:\n(a) the number and general nature of allegations of improper\nconduct made to the ICAC;\n(ab) the number of concluded investigations by the ICAC of\nmisconduct and unsatisfactory conduct, including the number\nof concluded investigations under each of the following:\n(i) section 18A(1)(a);\n(ii) section 18A(1)(b);\n(b) the number and general nature of reports mentioned in\nsection 22(5);\n(ba) the number of times the ICAC gave a person a written notice\nunder section 34(2) to attend the ICAC for examination but did\nnot comprehensively state the nature of the matters about\nwhich the person was to be questioned because of the\noperation of section 34(2)(b)(i) or (ii);\n(c) the number and general nature of referrals;\n(d) the number of search warrants issued to authorised officers;\n(e) the number and general nature of any other warrants issued to\nauthorised officers under a law of the Territory;\n(f) the number and general nature of non-disclosure directions\ngiven;\n(g) an indication of the kinds of activities conducted by the ICAC\nto prevent, detect and respond to improper conduct and the\nresults of those activities;\n\nIndependent Commissioner Against Corruption Act 2017 99\n(h) an indication of the kinds of activities conducted by the ICAC\nto prevent and respond to retaliation and the results of those\nactivities;\n(i) in respect of each person who commenced being a member of\nICAC staff during the financial year, whether an appropriate\nsuitability check was carried out in accordance with\nsection 126 before that person commenced being a member\nof ICAC staff;\n(j) in respect of any member of ICAC staff to whom paragraph (i)\ndoes not apply, an outline of the governance arrangements\nthe ICAC has in place to ensure:\n(i) continued compliance with section 126; and\n(ii) each member of ICAC staff remains suitable to be a\nmember of ICAC staff.\n(3) The ICAC Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after the ICAC Minister receives the\n","sortOrder":142},{"sectionNumber":"129","sectionType":"section","heading":"Guidelines and practice directions for ICAC staff","content":"129 Guidelines and practice directions for ICAC staff\n(1) The ICAC must issue, and keep under review, guidelines for, or\npractice directions to, members of ICAC staff as to the manner in\nwhich functions under this Act are to be performed.\n(2) The ICAC must issue the guidelines or practice directions within\n2 months after the commencement of this section.\n","sortOrder":143},{"sectionNumber":"130","sectionType":"section","heading":"Website","content":"130 Website\n(1) The ICAC must establish and maintain an appropriate website\nwhich includes the following information:\n(a) an explanation of the ICAC's functions;\n(b) contact details for the ICAC's Office;\n(c) an explanation of how to make an allegation of improper\nconduct to the ICAC;\n(d) an explanation of how to make a complaint about the ICAC to\nthe Inspector;\n(e) directions and guidelines issued under section 22;\n(f) guidelines issued under section 106;\n\nIndependent Commissioner Against Corruption Act 2017 100\n(g) guidelines and practice directions issued under section 129;\n(h) annual reports of the ICAC;\n(i) reports and public statements under Part 3, Division 7 that\nhave been tabled in the Legislative Assembly or otherwise\nmade available to the public;\n(j) reports of the Inspector under section 137 that have been\ntabled in the Legislative Assembly.\n(2) The ICAC is not required to publish on the website any information,\nif the ICAC considers the publication:\n(a) may compromise an investigation or the safety or wellbeing of\na person; or\n(b) may prejudice the ICAC's ability to carry out the ICAC's\nfunctions by disclosing a methodology.\n","sortOrder":144},{"sectionNumber":"131","sectionType":"section","heading":"Appointment of authorised officers","content":"131 Appointment of authorised officers\n(1) The ICAC may appoint, in writing, a person to be an authorised\n(2) The ICAC must not appoint a person to be an authorised officer\nunless satisfied that the person has the skills, qualifications, training\nand experience to properly perform the functions of an authorised\n(3) Without limiting subsection (2), the ICAC may require that a person\nsuccessfully complete a course of training specified by the ICAC\nbefore the person may be appointed as an authorised officer.\n(4) An appointment under this section may be for a specified period\nand may be subject to conditions or limitations specified in the\nnotice of appointment.\n","sortOrder":145},{"sectionNumber":"132","sectionType":"section","heading":"Identity card","content":"132 Identity card\n(1) The ICAC must give an authorised officer appointed under\nsection 131 an identity card stating the person's name and that the\nperson is an authorised officer.\n(2) The identity card must:\n(a) show a recent photograph of the authorised officer; and\n\nIndependent Commissioner Against Corruption Act 2017 101\n(b) show the card's date of issue and expiry; and\n(c) be signed by the officer.\n(3) This section does not prevent the issue of a single identity card to a\nperson for this and another Act.\n","sortOrder":146},{"sectionNumber":"133","sectionType":"section","heading":"Return of identity card","content":"133 Return of identity card\n(1) A person who ceases to be an authorised officer appointed under\nsection 131 must return the person's identity card to the ICAC\nwithin 21 days after the cessation.\nMaximum penalty: 20 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\nsubsection (1) if the person has a reasonable excuse.\n","sortOrder":147},{"sectionNumber":"134","sectionType":"section","heading":"Appointment of Inspector","content":"134 Appointment of Inspector\n(1) The Administrator must appoint an eligible person to be the\nInspector for this Act.\n(1A) The appointment may be made only after receiving a\nrecommendation of the Legislative Assembly.\n(1B) The Minister must table a copy of the appointment in the Legislative\nAssembly within 6 sitting days after the appointment is made.\n(2) A person is an eligible person for appointment as Inspector if:\n(a) the person is an eligible person to be appointed as the ICAC;\nand\n(b) the person is not and has not been, at any time in the previous\n12 months:\n(i) the ICAC; or\n(ii) a member of ICAC staff.\n(3) The Inspector holds office:\n(a) for the period, not exceeding 5 years, specified in the\ninstrument of appointment; and\n\nIndependent Commissioner Against Corruption Act 2017 102\n(b) on the conditions (including conditions about remuneration,\nexpenses and allowances) determined by the Administrator.\n(4) The Inspector's conditions of office:\n(a) cannot provide any conditions (for example as to\nremuneration) that are contingent on the Inspector's\nperformance in office; and\n(b) cannot be varied during the Inspector's term in office.\n(5) A person who is or was the Inspector may be reappointed, if still\neligible, for one further period not exceeding 5 years, specified in\nthe instrument of appointment.\n","sortOrder":148},{"sectionNumber":"134A","sectionType":"section","heading":"Protection of Inspector","content":"134A Protection of Inspector\nThe Inspector has, in the performance of the Inspector's functions\nunder this Act, the same protection and immunity as a member of a\ncourt has under the Courts and Tribunals (Immunities) Act 2008.\n","sortOrder":149},{"sectionNumber":"135","sectionType":"section","heading":"Functions of Inspector","content":"135 Functions of Inspector\n(1) The Inspector has the following functions:\n(a) to evaluate the ICAC's performance and report on the\nevaluation;\n(b) to receive and deal with complaints of improper conduct by the\nICAC or a member of ICAC staff or of conduct, though not\namounting to improper conduct, by the ICAC or a member of\nICAC staff, which:\n(i) is unreasonable, unjust, oppressive or improperly\ndiscriminatory in its effect; or\n(ii) arises, wholly or in part, from improper motives; or\n(iii) arises, wholly or in part, from a decision that has taken\nirrelevant matters into consideration; or\n(iv) involves a denial of procedural fairness; or\n(v) arises, wholly or in part, from a mistake of law or fact; or\n(vi) is conduct of a kind for which reasons should have (but\nhave not) been given;\n(ba) to evaluate any aspect of the ICAC's operations or any\nconduct of a member of ICAC staff;\n\nIndependent Commissioner Against Corruption Act 2017 103\n(c) to make recommendations to the ICAC or public bodies\nregarding practices or procedures in relation to the\nperformance of functions under this Act;\n(d) to perform other functions conferred on the Inspector under\nthis or another Act.\n(1A) Despite subsection (1), the functions of the Inspector do not include\nreceiving and dealing with complaints or matters under the Public\nSector Employment and Management Act 1993.\n(2) The Inspector is not subject to direction by any person about the\nway the Inspector performs the Inspector's functions.\n","sortOrder":150},{"sectionNumber":"135A","sectionType":"section","heading":"Powers","content":"135A Powers\nThe Inspector may do all things necessary or convenient to be done\nfor, or in relation to, the performance of the Inspector's functions.\n","sortOrder":151},{"sectionNumber":"136","sectionType":"section","heading":"Evaluation of ICAC","content":"136 Evaluation of ICAC\n(1) The Inspector must evaluate the performance of the ICAC for a\nfinancial year.\n(2) In evaluating the ICAC's performance, the Inspector must consider:\n(a) whether the ICAC and members of ICAC staff acted within\npower and in compliance with this Act and any other relevant\nActs or subordinate legislation; and\n(b) whether the ICAC has implemented any previous\nrecommendations made by the Inspector; and\n(c) any other matters the Inspector considers relevant.\n","sortOrder":152},{"sectionNumber":"137","sectionType":"section","heading":"Report on evaluation","content":"137 Report on evaluation\n(1) The Inspector must prepare a report on an evaluation under\nsection 136 and give a copy of the proposed report to the ICAC.\n(2) The Inspector must give the ICAC a reasonable opportunity to\ncomment on the proposed report and include a fair representation\nof the ICAC's comments in the report.\n(3) The Inspector must give the report to the ICAC Minister and the\nICAC within 3 months after the end of the financial year to which it\nrelates.\n\nIndependent Commissioner Against Corruption Act 2017 104\n(4) The ICAC Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after the ICAC Minister receives the\n","sortOrder":153},{"sectionNumber":"138","sectionType":"section","heading":"Complaints about ICAC","content":"138 Complaints about ICAC\n(1) A person may complain about the ICAC, the ICAC's Office or a\nmember of ICAC staff to:\n(b) the Inspector.\n(2) If the ICAC receives a complaint, the ICAC must notify the\nInspector within 14 days.\n(3) The Inspector may deal with a complaint in any manner the\nInspector considers appropriate.\n","sortOrder":154},{"sectionNumber":"139","sectionType":"section","heading":"Access to ICAC premises and information","content":"139 Access to ICAC premises and information\n(1) For an evaluation or dealing with a complaint, the Inspector has full\nand free access to ICAC premises and all items in the possession\nor control of the ICAC, including making a copy of any document in\nthe possession or control of the ICAC or a member of ICAC staff.\n(2) The ICAC and members of ICAC staff must give the Inspector all\nreasonable assistance the Inspector requires for an evaluation or\ndealing with a complaint.\n","sortOrder":155},{"sectionNumber":"139A","sectionType":"section","heading":"Power to require person to attend Inspector for questioning","content":"139A Power to require person to attend Inspector for questioning\netc.\n(1) The Inspector may require the ICAC or any member of ICAC staff\nto attend the Inspector to answer questions or produce documents\nin relation to a complaint being dealt with or an evaluation being\nconducted by the Inspector.\n(2) The person required to attend must be given a written notice\nrequiring the person to attend at a specified time and place.\n(3) The notice may require the person to bring and produce to the\nInspector specified items, or items of a specified kind, in the\nperson's possession or control relevant to the matter.\n(4) The Inspector may require a person attending to do one or more of\nthe following:\n(a) take an oath to answer all questions truthfully;\n\nIndependent Commissioner Against Corruption Act 2017 105\n(b) answer a question relevant to the matter asked by the\nInspector;\n(c) produce any items in the possession or control of the person\nrelevant to the complaint or evaluation.\n","sortOrder":156},{"sectionNumber":"139B","sectionType":"section","heading":"Inspection and copies of documents","content":"139B Inspection and copies of documents\n(1) The Inspector may inspect any documents or other items produced\nto the Inspector under this Act.\n(2) The Inspector may:\n(a) retain any document or other item produced to the Inspector\nfor any reasonable period the Inspector thinks appropriate;\nand\n(b) make a copy of or take an extract from any document\nproduced to the Inspector if the Inspector is of the opinion the\ncopy or extract is relevant to a function of the Inspector in\nrelation to a matter under this Act.\n(3) If the retention of a document or other item ceases to be reasonably\nnecessary for the matter to which it relates, the Inspector must\nreturn the document or other item to a person who is entitled to\npossession of the document or other item, on request of the person,\nunless the document or other item is required as evidence for an\noffence against this Act or another law of the Territory.\n","sortOrder":157},{"sectionNumber":"139C","sectionType":"section","heading":"Assistance","content":"139C Assistance\n(1) The Inspector may engage any assistance the Inspector thinks\nappropriate in relation to a complaint being dealt with or an\nevaluation being conducted by the Inspector.\n(2) For subsection (1), the Inspector may, in writing, authorise any\nperson engaged to inspect and report to the Inspector on any\ndocument or other item relevant to the complaint or evaluation.\n","sortOrder":158},{"sectionNumber":"140","sectionType":"section","heading":"Further powers of Inspector","content":"140 Further powers of Inspector\n(1) On completion of, or at any time during, an evaluation or dealing\nwith a complaint, the Inspector may:\n(a) refer a matter to a law enforcement agency for investigation or\nprosecution; or\n(b) refer a matter to the ICAC or a public body for investigation\nand disciplinary action against a public officer for which the\nICAC or public body is responsible; or\n\nIndependent Commissioner Against Corruption Act 2017 106\n(c) make recommendations to the ICAC or a public body about\npractices or procedures in relation to the performance of\nfunctions under this Act.\n(2) The Inspector may recommend to the ICAC Minister that an Acting\nICAC be appointed under section 121(2) to investigate the conduct\nof the ICAC, the ICAC's Office or a member of ICAC staff if:\n(a) a complaint raises allegations of improper conduct of the\nICAC, the ICAC's Office or a member of ICAC staff; or\n(b) the Inspector becomes aware (in an evaluation or dealing with\na complaint or otherwise) of information that, if true, would\ntend to show improper conduct of the ICAC, the ICAC's Office\nor a member of ICAC staff.\n(3) If the Inspector is of the opinion that a matter needs to be brought\nto the attention of the ICAC Minister sooner than the next report\nunder section 137 is due, the Inspector may make a report to the\n(4) The Inspector may specify to the ICAC Minister that the report is to\nbe tabled in the Legislative Assembly.\n(5) If the Inspector specifies that a report is to be tabled in the\nLegislative Assembly, the ICAC Minister must table a copy of the\nreport in the Legislative Assembly within 6 sitting days after the\nICAC Minister receives the report.\n","sortOrder":159},{"sectionNumber":"140A","sectionType":"section","heading":"Disapplication of section 52 of Surveillance Devices Act 2007","content":"140A Disapplication of section 52 of Surveillance Devices Act 2007\nSection 52 of the Surveillance Devices Act 2007 does not apply to\nthe use, communication or publication of protected information\nwithin the meaning of that Act in relation to the performance of the\nInspector's functions under this Division.\n","sortOrder":160},{"sectionNumber":"141","sectionType":"section","heading":"Confidentiality of information","content":"141 Confidentiality of information\n(1) In a report on an evaluation, a report made under section 140 or in\ndealing with a complaint, the Inspector may disclose information\nobtained in the performance of functions only to the extent the\nInspector considers necessary for the effective performance of the\nInspector's functions.\n(2) In determining whether to disclose information, the Inspector must\nconsider the effect of disclosure on:\n(a) any preliminary inquiries, investigations or referrals under this\nAct; and\n\nIndependent Commissioner Against Corruption Act 2017 107\n(b) potential criminal proceedings; and\n(c) the safety and wellbeing of any individual; and\n(d) the effect of disclosure on an individual's reputation.\n","sortOrder":161},{"sectionNumber":"142","sectionType":"section","heading":"Staff of Inspector","content":"142 Staff of Inspector\n(1) The staff of the Inspector consists of:\n(a) persons employed in an Agency made available by the Chief\nExecutive Officer of the Agency under an arrangement with\nthe Inspector; and\n(b) persons engaged by the Inspector as consultants.\n(2) In performing functions under this Act or any other Act, a member\nof Inspector staff is subject only to the direction of the Inspector or\nanother member of Inspector staff.\n","sortOrder":162},{"sectionNumber":"143","sectionType":"section","heading":"Suitability checks","content":"143 Suitability checks\n(1) This section applies when the Inspector determines whether a\nperson is a suitable person to be, or remain as, a member of\nInspector staff.\n(2) The Inspector may request the person to do any of the following:\n(a) provide or consent to a criminal history check and, if\nnecessary, provide biometric data for that purpose;\n(b) declare personal interests the Inspector considers relevant;\n(c) undergo a police intelligence or integrity check;\n(d) undergo a medical or psychological assessment;\n(e) make a statutory declaration in relation to matters determined\nby the Inspector to be relevant to the person's suitability.\n(3) The Inspector may take into account the person's irrelevant criminal\nrecord, if:\n(a) it appears relevant to the person's ability to be involved in a\nparticular matter in a way that will be and appear to be\nimpartial; or\n(b) it may generally bring the Inspector's reputation for impartiality\nand integrity into disrepute; or\n\nIndependent Commissioner Against Corruption Act 2017 108\n(c) it may affect the person's ability to carry out substantial parts\nof the person's role.\n(3A) A person who has a recent political affiliation is not suitable to be a\nmember of Inspector staff unless the person satisfies the Inspector\nthat the person's past and present political opinion, affiliation or\nactivity is sufficiently minor or remote so as not to affect the\nperson's suitability to be a member of Inspector staff.\n(4) The acts mentioned in subsections (2), (3) and (3A) are specifically\nauthorised for section 53 of the Anti-Discrimination Act 1992.\n","sortOrder":163},{"sectionNumber":"144","sectionType":"section","heading":"Handling information regarding suitability","content":"144 Handling information regarding suitability\n(1) Subject to subsection (2), the Inspector must not disclose any\ninformation about a person obtained as a result of action taken\nunder section 143(2) to any person other than the person.\n(2) The Inspector may disclose information mentioned in subsection (1)\nto the extent necessary for any proceeding relating to action taken\nin relation to the person to which the information is relevant.\n(3) The Inspector must arrange for the secure storage of information\nmentioned in subsection (1) and for its destruction when it is no\nlonger required.\n","sortOrder":164},{"sectionNumber":"144A","sectionType":"section","heading":"Former members of staff","content":"144A Former members of staff\nThe powers of the Inspector under this Division in relation to the\nICAC and members of ICAC staff include a former ICAC and former\nmembers of ICAC staff.\n","sortOrder":165},{"sectionNumber":"145","sectionType":"section","heading":"Offence to disclose certain information – official functions","content":"145 Offence to disclose certain information – official functions\nunder this Act\n(a) the person obtains information in the course of performing a\nfunction connected with the administration of this Act or\nexercising a power under this Act; and\n(b) the person intentionally engages in conduct; and\n\nIndependent Commissioner Against Corruption Act 2017 109\n(c) the conduct results in the disclosure of the information and the\ndisclosure is not:\n(i) for a purpose connected with the administration of this\nAct, including a legal proceeding arising out of the\noperation of this Act or a referral; or\n(ii) to a person who is otherwise entitled to the information;\nand\n(d) the person is reckless in relation to the result and\ncircumstance referred to in paragraph (c).\n(a) the person discloses the information for obtaining professional\nlegal advice from a legal practitioner; or\n(b) the person has knowledge of the information independently\nfrom obtaining it in the course of performing functions\nconnected with the administration of this Act; or\n(c) the person is an independent entity, or an officer or employee\nof an independent entity, and:\n(i) the information is not identifying information; or\n(ii) the information is identifying information but the person\nhas given consideration to the principles mentioned in\nsection 91 and disclosure is reasonably necessary to\nperform the functions of the independent entity; or\n(d) the disclosure is authorised in writing by the ICAC or the\n(e) the information is otherwise available to the public; or\n(f) the person discloses the information believing on reasonable\n\nIndependent Commissioner Against Corruption Act 2017 110\n(iii) the disclosure is made in response to the risk and that\nrisk significantly outweighs any risk to a protected\nperson in disclosing the information; or\n(g) the disclosure is reasonably required to protect a protected\n","sortOrder":166},{"sectionNumber":"146","sectionType":"section","heading":"Unauthorised disclosure of information other than in","content":"146 Unauthorised disclosure of information other than in\nperforming official functions in administering this Act\n(a) the person obtains information from the ICAC, other than in\nthe course of performing functions connected with the\nadministration of this Act; and\n(b) the information is confidential information and the person has\nknowledge of that circumstance; and\n(c) the person intentionally engages in conduct; and\n(d) the conduct results in the disclosure of the information and the\nperson is reckless in relation to the result.\n(a) the person discloses the information:\n(i) for the administration of this Act, including to a person\nspecified in section 93(1)(b) for their administration of\nPart 6; or\n(ii) for a legal proceeding if, after considering section 156,\nthe court considers the disclosure is in the interests of\njustice; or\n\nIndependent Commissioner Against Corruption Act 2017 111\n(iii) for obtaining professional legal advice from a legal\npractitioner; or\n(iv) for obtaining professional assistance from a health\npractitioner or an accredited counsellor; or\n(v) for obtaining spiritual assistance from a religious or\nspiritual advisor who is subject to ethical confidentiality\nobligations; or\n(b) the person has knowledge of the information independently\nfrom obtaining it in the course of performing functions\nconnected with the administration of this Act; or\n(c) the information is information relating to the person and the\nperson discloses it to a close family member; or\n(d) the person is an independent entity, or an officer or employee\nof an independent entity, and:\n(i) the information is not identifying information; or\n(ii) the information is identifying information but the person\nhas given consideration to the principles mentioned in\nsection 91 and disclosure is reasonably necessary to\nperform the functions of the independent entity; or\n(e) the disclosure is authorised in writing by the ICAC or the\n(f) the person discloses the information believing on reasonable\ndeal with the emergency; or\n(g) the disclosure is reasonably required to protect a protected\n\nIndependent Commissioner Against Corruption Act 2017 112\nclose family member of a person means any of the following:\n(a) a spouse or de facto partner of the person;\n(b) a parent or grandparent (by blood or marriage) of the person;\n(c) a brother or sister (by blood or marriage) of the person;\n(d) a guardian for, or carer of, the person.\nconfidential information means information about improper\nconduct or an allegation of improper conduct, other than information\nthat is otherwise available to the public.\n","sortOrder":167},{"sectionNumber":"146A","sectionType":"section","heading":"Identity of protected person to be kept confidential","content":"146A Identity of protected person to be kept confidential\n(a) the person obtains information about the identity of a\nprotected person; and\n(b) the person intentionally engages in conduct; and\n(c) the conduct results in the disclosure of the information and the\nperson is reckless in relation to that result.\n(a) the person discloses the information:\n(i) for the administration of this Act; or\n(ii) for a legal proceeding; or\n(iii) for obtaining professional legal advice from a legal\npractitioner; or\n(iv) for obtaining professional assistance from a health\npractitioner or an accredited counsellor; or\n(v) for obtaining spiritual assistance from a religious or\nspiritual advisor who is subject to ethical confidentiality\nobligations; or\n\nIndependent Commissioner Against Corruption Act 2017 113\n(b) the person is an independent entity, or an officer or employee\nof an independent entity, and the information is identifying\ninformation but:\n(i) the person has given consideration to the principles\nmentioned in section 91; and\n(ii) disclosure is reasonably necessary to perform the\nfunctions of the independent entity; or\n(c) the disclosure is authorised in writing by the ICAC or the\n(d) the person discloses the information believing on reasonable\n(iii) the disclosure is made in response to the risk and that\nrisk significantly outweighs any risk to a protected\nperson in disclosing the information; or\n(e) the disclosure is only to the extent necessary to ensure the\nmatters to which the information relates are properly\ninvestigated; or\n(f) the disclosure is in accordance with any applicable guidelines\nissued under section 96.\n(4) The obligation to maintain confidentiality imposed by this section\napplies despite anything in this Act or any other law of the Territory\nto the contrary.\n","sortOrder":168},{"sectionNumber":"147","sectionType":"section","heading":"Direction not to disclose certain information","content":"147 Direction not to disclose certain information\n(1) The ICAC or the Inspector may, in writing, direct a person not to\ndisclose information if the ICAC or the Inspector believes on\nreasonable grounds the information would:\n(a) put a person at personal risk; or\n\nIndependent Commissioner Against Corruption Act 2017 114\n(b) prejudice an investigation or activities related to an\ninvestigation.\n(1A) A direction under subsection (1) may direct a person not to disclose\nto particular persons or classes of person or, subject to this section,\nto all persons, as specified in the direction.\n(2) A direction under subsection (1) must include the following:\n(a) if the regulations require the direction to be recorded in a\nregister – the means of locating the direction in the register;\n(b) the date the direction expires, which must be a date within\n12 months after the date the direction is given, unless the\ndirection is given to protect an individual's safety or wellbeing\nor to prevent disclosure of identifying information;\n(c) a statement as to whether the direction is the first direction, or\na subsequent direction, given to the same person in relation to\nthe same information;\n(d) a statement that the direction ceases to have effect if the\ninformation to which it relates becomes public knowledge.\n(3) Failure to comply with subsection (2) does not invalidate the\ndirection, but if no date is specified as mentioned in\nsubsection (2)(b), the direction expires 6 months after the date it is\ngiven.\n(4) A person given a direction under subsection (1) commits an\noffence if:\n(b) the conduct results in a contravention of the direction and the\nperson is reckless in relation to the result.\n(5) It is a defence to a prosecution for an offence against\n(a) the disclosure is made:\n(i) to a legal practitioner for obtaining professional legal\nadvice; or\n(ii) to a health practitioner or an accredited counsellor for\nobtaining professional assistance; or\n\nIndependent Commissioner Against Corruption Act 2017 115\n(iii) to a religious or spiritual advisor who is subject to ethical\nconfidentiality obligations, for obtaining spiritual\nassistance; or\n(b) the person discloses the information believing on reasonable\n(iii) the risk that the disclosure is made in response to\nsignificantly outweighs any risk to a protected person in\ndisclosing the information.\n(6) A direction may be given to a person more than once under this\nsection in relation to the same information.\n","sortOrder":169},{"sectionNumber":"147A","sectionType":"section","heading":"Failing to comply with requirement for preliminary information","content":"147A Failing to comply with requirement for preliminary information\nor items from public bodies and public officers\nA person commits an offence if:\n(a) a requirement under section 24A is given to the person; and\n(b) the person intentionally fails to comply with the requirement:\n(i) if an oral response to a question is required –\nimmediately; or\n(ii) otherwise – within a reasonable time stated in the notice\ngiven under section 24A(3)(b).\n","sortOrder":170},{"sectionNumber":"148","sectionType":"section","heading":"Failing to comply with requirement for information or items","content":"148 Failing to comply with requirement for information or items\nduring investigation\nA person commits an offence if:\n(a) a requirement under section 32 is given to the person; and\n(b) the person intentionally fails to comply with the requirement:\n(i) if an oral response to a question is required –\nimmediately; or\n\nIndependent Commissioner Against Corruption Act 2017 116\n(ii) otherwise – within a reasonable time stated in the notice\ngiven under section 32(3)(b).\n","sortOrder":171},{"sectionNumber":"149","sectionType":"section","heading":"Contravening notice to attend, or give evidence at,","content":"149 Contravening notice to attend, or give evidence at,\nexamination or public inquiry\nA person commits an offence if the person intentionally fails to\ncomply with a requirement applicable to the person under\nsection 34.\n","sortOrder":172},{"sectionNumber":"150","sectionType":"section","heading":"Contravening direction of ICAC at public inquiry","content":"150 Contravening direction of ICAC at public inquiry\nA person commits an offence if the person intentionally contravenes\na direction of the ICAC under section 46.\n","sortOrder":173},{"sectionNumber":"151","sectionType":"section","heading":"Contravening direction regarding whistleblowers","content":"151 Contravening direction regarding whistleblowers\n(1) A person must not contravene a direction of the ICAC under\nsection 107.\n(2) An offence against subsection (1) is an offence of strict liability.\nsubsection (1) if the defendant has a reasonable excuse.\n","sortOrder":174},{"sectionNumber":"151A","sectionType":"section","heading":"Contravening requirement for ICAC or member of ICAC staff to","content":"151A Contravening requirement for ICAC or member of ICAC staff to\nattend\n(1) A person commits an offence if the person does not comply with a\nrequirement applicable to the person under section 139A.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n\nIndependent Commissioner Against Corruption Act 2017 117\n","sortOrder":175},{"sectionNumber":"152","sectionType":"section","heading":"Falsely representing to be authorised officer","content":"152 Falsely representing to be authorised officer\nA person commits an offence if the person:\n(a) intentionally represents, by words or conduct, that the person\nor another person is an authorised officer; and\n(b) knows the representation is false.\nMaximum penalty: 200 penalty units or imprisonment for\n","sortOrder":176},{"sectionNumber":"153","sectionType":"section","heading":"Obstruction of authorised officer","content":"153 Obstruction of authorised officer\n(a) the person intentionally obstructs another person; and\n(b) the other person is an authorised officer; and\n(c) the authorised officer is acting in an official capacity and the\nperson has knowledge of that circumstance.\n(2) Strict liability applies to subsection (1)(b).\nobstruct includes hinder and resist.\n","sortOrder":177},{"sectionNumber":"154","sectionType":"section","heading":"Misleading information","content":"154 Misleading information\n(a) the person intentionally gives information to another person;\nand\n(b) the information is misleading and the person has knowledge of\nthat circumstance; and\n(c) the other person is acting in an official capacity and the person\nhas knowledge of that circumstance.\n\nIndependent Commissioner Against Corruption Act 2017 118\n(2) A person commits an offence if:\n(a) the person intentionally gives a document to another person;\nand\n(b) the document contains misleading information and the person\nhas knowledge of that circumstance; and\n(c) the other person is acting in an official capacity and the person\nhas knowledge of that circumstance.\n(3) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the other\nperson's attention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe other person the information necessary to remedy the\nmisleading aspect of the document.\n","sortOrder":178},{"sectionNumber":"155","sectionType":"section","heading":"Protection from liability – acting in official capacity","content":"155 Protection from liability – acting in official capacity\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith when acting, or purportedly\nacting, in an official capacity.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(3) This section does not derogate from Part VIIA of the Police\nAdministration Act 1978.\n(4) If a person is alleged to have acted in bad faith when acting, or\npurportedly acting, in an official capacity, a civil or criminal\nproceeding for the act may only be brought by leave of the\nSupreme Court.\n(5) The Supreme Court is not to grant leave unless satisfied there are\nsubstantial reasons for believing the person acted in bad faith.\n\nIndependent Commissioner Against Corruption Act 2017 119\n","sortOrder":179},{"sectionNumber":"155A","sectionType":"section","heading":"Time for commencing prosecutions","content":"155A Time for commencing prosecutions\nA prosecution for an offence against this Act (other than an offence\nagainst section 100(1)) must be commenced within 12 months after\nthe date on which the offence is alleged to have been committed.\n","sortOrder":180},{"sectionNumber":"155B","sectionType":"section","heading":"Powers of police officers","content":"155B Powers of police officers\n(1) An authorised officer may request a police officer to assist in the\nexercise of a power under this Act.\n(2) The powers conferred by this Act on a police officer are in addition\nto, and do not limit, any other power the police officer may have\nunder another law of the Territory.\n","sortOrder":181},{"sectionNumber":"156","sectionType":"section","heading":"Evidence in criminal proceedings","content":"156 Evidence in criminal proceedings\n(1) The section applies if:\n(a) a person is prosecuted for an offence; and\n(b) the court before which the person is prosecuted considers it\ndesirable that particular evidence given to the ICAC that a\nperson is otherwise prohibited by this Act from disclosing be\nmade available to:\n(i) the defendant; or\n(ii) a legal practitioner representing the defendant; or\n(iii) the prosecutor.\n(2) After giving the ICAC a reasonable opportunity to appear and make\nrepresentations concerning the matter, the court may order that the\nICAC make the evidence available to the court.\n(3) The court may then make the evidence available to the defendant,\nthe defendant's legal practitioner or the prosecutor, if the court has\nexamined the evidence and is satisfied that the interests of justice\nso require.\n","sortOrder":182},{"sectionNumber":"157","sectionType":"section","heading":"Service","content":"157 Service\n(1) A notice, direction or request under this Act may be given:\n(a) by serving it on the recipient as authorised by section 25 of the\nInterpretation Act 1978; or\n(b) by sending it to the recipient's email address as an attachment\nto an email.\n\nIndependent Commissioner Against Corruption Act 2017 120\n(2) If it is impracticable to give a notice, direction or request as\nmentioned in subsection (1), or the ICAC becomes aware that a\nnotice, direction or request so given has not come to the attention\nof the recipient, the ICAC may authorise it to be given in another\nmanner.\nExample for subsection (2)\nThe ICAC could authorise a notice, direction or request to be given to a recipient\nvia a social media account operated by the recipient.\n(3) Subject to evidence to the contrary, a notice, direction or request\nsent as mentioned in subsection (1)(b) is taken to be given to the\nrecipient when it is sent to the recipient's email address.\nNote for section 157\nSee section 25(2) to (4) of the Interpretation Act 1978 for when notices, directions\nor requests served as mentioned in subsection (1)(a) are taken to be served.\n","sortOrder":183},{"sectionNumber":"158","sectionType":"section","heading":"Dealing with unclaimed property","content":"158 Dealing with unclaimed property\n(1) This section applies to property that:\n(a) is lawfully in the possession of the ICAC under this Act; and\n(b) is not required for the performance of the ICAC's functions\nunder this Act or proceedings arising out of the performance of\nthose functions.\n(2) The ICAC may apply to a court of competent jurisdiction for an\norder in relation to the property if it appears to the ICAC that no\nperson is lawfully entitled to the property.\n(3) The court may order that the property be dealt with as the court\nconsiders appropriate.\n(4) Without limiting subsection (3), the court may:\n(a) order that the property be forfeited to the Territory; and\n(b) make any necessary incidental or ancillary orders.\n(5) A person who is lawfully entitled to property that has been dealt\nwith under this section may recover from the Territory, in a court of\ncompetent jurisdiction, the property or the value of the property, as\na debt due to the person.\nproceedings means any of the following:\n(a) an investigation by a law enforcement agency or an Agency;\n\nIndependent Commissioner Against Corruption Act 2017 121\n(b) a prosecution or a court proceeding;\n(c) a hearing of the Assembly Committee.\n","sortOrder":184},{"sectionNumber":"159","sectionType":"section","heading":"Regulations","content":"159 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) A regulation may provide for the following:\n(a) registers to be kept by the ICAC;\n(b) allowances to be paid to witnesses.\nNote for section 159\nSee also Part VII, Division 2 of the Interpretation Act 1978.\n","sortOrder":185},{"sectionNumber":"Part 9","sectionType":"part","heading":"Repeal and transitional matters for","content":"Part 9 Repeal and transitional matters for\nIndependent Commissioner Against Corruption\nAct 2017\nDivision 1 Repeal\n","sortOrder":186},{"sectionNumber":"160","sectionType":"section","heading":"Act repealed","content":"160 Act repealed\nThe Public Interest Disclosure Act 2008 (Act No. 38 of 2008) is\nrepealed.\n","sortOrder":187},{"sectionNumber":"161","sectionType":"section","heading":"Definitions","content":"161 Definitions\ncommencement means the commencement of section 160.\ndiscloser, see section 4 of the repealed Act.\nPID Commissioner means the Commissioner for Public Interest\nDisclosures under the repealed Act.\npublic interest disclosure, see section 4 of the repealed Act.\nrepealed Act means the Public Interest Disclosure Act 2008 as in\nforce immediately before the commencement.\nresponsible authority, see section 8 of the repealed Act.\n\nIndependent Commissioner Against Corruption Act 2017 122\n162 Protection continues for previous disclosures\nPart 6 of this Act applies in relation to a public interest disclosure\nmade under the repealed Act as if the disclosure were a protected\n163 Current investigations\n(1) This section applies if an investigation of a public interest disclosure\nwas started, but not completed, before the commencement.\n(2) All information in the possession or control of the\nPID Commissioner immediately before the commencement in\nrelation to the investigation is to be transferred to the ICAC.\n(3) The ICAC is to deal with the matter as if the public interest\ndisclosure were a protected communication made to the ICAC.\n(4) Within a reasonable time after the commencement, the ICAC must\ngive written notice to the discloser of the following:\n(a) that the ICAC has inherited the matter;\n(b) the action the ICAC has taken, or proposes to take, in relation\nto the matter.\n","sortOrder":188},{"sectionNumber":"164","sectionType":"section","heading":"Information and records to be transferred","content":"164 Information and records to be transferred\n(1) All information and records in the possession or control of the\nPID Commissioner immediately before the commencement, other\nthan information covered by section 163, are to be transferred to\nthe ICAC.\n(2) Without limiting subsection (1), information and records which must\nbe transferred include the following:\n(a) any information relating to a disclosure or purported disclosure\nunder section 10 of the repealed Act that does not relate to a\ncurrent investigation, including information related to\npreliminary inquiries, informal referrals, formal referrals, past\ninvestigations and reports;\n(b) any information that may disclose the identity of a discloser or\npurported disclosure, or that in any way relates to dealing with\na discloser or purported discloser;\n(c) any legal advice or information that relates to actual or\npotential legal proceedings;\n\nIndependent Commissioner Against Corruption Act 2017 123\n(d) any confidential information obtained from a law enforcement\nagency.\n","sortOrder":189},{"sectionNumber":"165","sectionType":"section","heading":"Relocation of public officers","content":"165 Relocation of public officers\n(1) Section 18 of the repealed Act continues to apply on and after the\ncommencement in relation to a request made under that section\nbefore the commencement that had not been decided before the\ncommencement.\n(2) Section 19 of the repealed Act continues to apply on and after the\ncommencement, as if a reference in that section to the PID\nCommissioner were a reference to the ICAC, in relation to:\n(a) a decision made under section 18 of the repealed Act before\nthe commencement, if the public officer had not applied for a\nreview under section 19 of the repealed Act before the\ncommencement; or\n(b) an application for review under section 19 of the repealed Act\nmade, but not decided, before the commencement; or\n(c) a recommendation made, but not responded to, under\nsection 19(5) of the repealed Act before the commencement.\n","sortOrder":190},{"sectionNumber":"166","sectionType":"section","heading":"Non-disclosure directions","content":"166 Non-disclosure directions\n(1) A direction in force under section 53B of the repealed Act\nimmediately before the commencement remains in force after the\ncommencement for a period of 6 months, unless revoked earlier, as\nif it were a direction given by the ICAC under section 147.\n(2) A further direction may be given under section 147 in relation to the\ninformation to which a direction mentioned in subsection (1) relates\nas if section 147(1) included the matters mentioned in\nsection 53B(1) of the repealed Act.\n","sortOrder":191},{"sectionNumber":"167","sectionType":"section","heading":"Protection from liability – acting in official capacity","content":"167 Protection from liability – acting in official capacity\nA person who, before the commencement, was protected under\nsection 56 of the repealed Act continues to be protected for an act\ndone or omitted to be done before the repealed Act was repealed\nas if section 155 applied to the act or omission.\n\nDivision 1 Transitional matters for Judicial and Other Officers' Entitlements Legislation\nIndependent Commissioner Against Corruption Act 2017 124\n","sortOrder":192},{"sectionNumber":"168","sectionType":"section","heading":"Report about implementing recommendations","content":"168 Report about implementing recommendations\n(1) This section applies if, before the commencement, the\nPID Commissioner made a requirement under section 32(1) of the\nrepealed Act but the responsible authority had not complied with\nthe requirement before the commencement.\n(2) Sections 32 and 33 of the repealed Act continue to apply on and\nafter the commencement in relation to the requirement and, for that\npurpose:\n(a) a reference in those sections to the PID Commissioner is a\nreference to the ICAC; and\n(b) a reference in those sections to the Minister is a reference to\nthe ICAC Minister.\n","sortOrder":193},{"sectionNumber":"169","sectionType":"section","heading":"Provisions if Act does not commence at start of financial year","content":"169 Provisions if Act does not commence at start of financial year\n(1) This section applies if the commencement is on a day other than\n1 July.\n(2) The first annual report of the ICAC under section 128, and the first\nevaluation of the ICAC under section 136, is to cover the period\nfrom the commencement to the end of the first full financial year\nafter the commencement.\nDivision 1 Transitional matters for Judicial and Other\nOfficers' Entitlements Legislation Amendment\n","sortOrder":194},{"sectionNumber":"170","sectionType":"section","heading":"Application of long service leave provisions","content":"170 Application of long service leave provisions\n(1) The following apply only to an ICAC who is appointed after the\ncommencement of section 43 of the amending Act:\n(a) section 116, as amended by the amending Act;\n(b) Part 7, Division 1A.\n(2) In this section:\namending Act means the Judicial and Other Officers' Entitlements\nLegislation Amendment Act 2023.\n\nDivision 2 Transitional matters for Independent Commissioner Against Corruption\nIndependent Commissioner Against Corruption Act 2017 125\nDivision 2 Transitional matters for Independent\nCommissioner Against Corruption Amendment\n171 Definition\nIn this Part:\namending Act means the Independent Commissioner Against\nCorruption Amendment Act 2023.\n","sortOrder":195},{"sectionNumber":"172","sectionType":"section","heading":"Application of section 18A","content":"172 Application of section 18A\nSection 18A does not apply to any investigation that began before\nthe commencement of that section.\n","sortOrder":196},{"sectionNumber":"173","sectionType":"section","heading":"Application of amendments to section 82","content":"173 Application of amendments to section 82\nSection 82, as in force immediately before the commencement of\nsection 26 of the amending Act, continues to apply for the purposes\nof a disciplinary proceeding that occurs after the commencement in\nrelation to a representation made by a witness in evidence given to\nthe ICAC or an authorised officer before the commencement.\n","sortOrder":197},{"sectionNumber":"174","sectionType":"section","heading":"Application of amendments to section 126","content":"174 Application of amendments to section 126\nThe amendments to section 126 by the amending Act do not apply\nto a person who was a member of ICAC staff immediately before\nthe commencement of section 33 of the amending Act for as long\nas the person remains continuously employed or engaged as a\nmember of ICAC staff after that commencement.\n","sortOrder":198},{"sectionNumber":"175","sectionType":"section","heading":"Application of amendments to section 143","content":"175 Application of amendments to section 143\nThe amendments to section 143 by the amending Act do not apply\nto a person who was a member of Inspector staff immediately\nbefore the commencement of section 42 of the amending Act for as\nlong as the person remains continuously employed or engaged as a\nmember of Inspector staff after that commencement.\n","sortOrder":199},{"sectionNumber":"176","sectionType":"section","heading":"Application of new defences included in sections 146 and 147","content":"176 Application of new defences included in sections 146 and 147\n(1) The defences in section 146(3)(a)(v) and (f) also apply to an\noffence against section 146(1) committed before the\ncommencement of section 44(2) of the amending Act.\n(2) The defence in section 147(5)(a)(iii) also applies to an offence\nagainst section 147(4) committed before the commencement of\nsection 46(2) of the amending Act.\n\nDivision 3 Transitional matters for Integrity and Ethics Commissioner Act 2025\nIndependent Commissioner Against Corruption Act 2017 126\n","sortOrder":200},{"sectionNumber":"177","sectionType":"section","heading":"Application of offences against sections 148 to 150","content":"177 Application of offences against sections 148 to 150\n(1) Sections 148, 149 and 150, as in force immediately before the\ncommencement, continue to apply in relation to offences committed\nbefore the commencement.\n(2) For subsection (1), if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\ncommencement means the commencement of section 47 of the\namending Act.\nNote for section 177\nSee section 121(1) of the Sentencing Act 1995.\n","sortOrder":201},{"sectionNumber":"178","sectionType":"section","heading":"Application of section 155A","content":"178 Application of section 155A\nSection 155A also applies to an offence committed before the\ncommencement of section 49 of the amending Act.\nDivision 3 Transitional matters for Integrity and Ethics\nCommissioner Act 2025\n","sortOrder":202},{"sectionNumber":"179","sectionType":"section","heading":"Application of amendment to section 121","content":"179 Application of amendment to section 121\nThe amendment to this Act by section 82 of the Integrity and Ethics\nCommissioner Act 2025 applies to an acting ICAC in office on the\ncommencement of that section.\n\nIndependent Commissioner Against Corruption Act 2017 127\nSchedule 1 Matters ICAC to take into account in\nperforming functions\nsection 20\n1 The object of this Act.\n2 The public interest in the following:\n(a) acting and being seen to act fairly and impartially;\n(b) not interfering with an individual's rights, privileges or privacy,\nbeyond what is reasonably necessary to carry out ICAC's\nfunctions effectively;\n(c) upholding the rule of law;\n(d) the separation of powers, including the independence of the\njudiciary and the Legislative Assembly's right to control its own\naffairs;\n(e) cultural sensitivity and the reasonable accommodation of\npersons with special needs;\n(f) persons in positions of seniority or power in the public sector\nexhibiting appropriate behaviour commensurate with those\npositions;\n(g) public officers and public bodies taking responsibility for\nensuring improper conduct is detected and dealt with\nappropriately;\n(h) ensuring offences involving improper conduct are investigated\nand prosecuted;\n(i) the general deterrence of improper conduct;\n(j) the ICAC obtaining, and continuing to be able to obtain,\ninformation about improper conduct;\n(k) minimising the risk of retaliation;\n(l) the proper functioning of democratic processes;\n(m) avoiding prejudice to current and possible future prosecutions.\n\nIndependent Commissioner Against Corruption Act 2017 128\n3 The impact of the ICAC's activities on the following:\n(a) the ability and capacity of public officers and public bodies to\nperform their functions, especially if those functions involve\ncritical or front-line services;\n(b) investigations by law enforcement agencies;\n(c) current and possible future legal proceedings.\n4 The need for the ICAC to target public resources most effectively,\nincluding by the following:\n(a) considering alternatives to carrying out an investigation in\norder to prevent or minimise improper conduct;\n(b) prioritising the most serious, systemic and sensitive matters;\n(c) prioritising matters with present relevance;\n(d) considering relevant statutory timeframes for related\nprosecution or disciplinary action;\n(e) considering the extent to which a matter has already been\ninvestigated;\n(f) considering the extent to which relevant and reliable evidence\nof improper conduct is available;\n(g) referring matters to a referral entity;\n(h) giving directions and guidance to a referral entity;\n(i) taking back a matter from a referral entity;\n(j) declining to investigate matters as appropriate;\n(k) generally altering a course of action according to information\nreceived in order to meet changing circumstances.\n5 Matters should be dealt with by the ICAC in private, unless it is in\nthe public interest to do otherwise, taking into account the following:\n(a) the desirability of the public sector being open and\naccountable to the public;\n(b) the benefit of exposing improper conduct to public scrutiny;\n(c) the extent to which allegations of improper conduct are\nalready in the public domain;\n\nIndependent Commissioner Against Corruption Act 2017 129\n(d) the extent to which allegations of improper conduct raise\nissues of continuing public interest;\n(e) the risk that a person may suffer undue hardship, including\nundue prejudice to the person's reputation;\n(f) the needs of persons who have assisted in identifying or\ninvestigating improper conduct and particularly the need to\nprotect information that may identify those persons;\n(g) any views expressed by persons who would be affected by a\ndecision whether to handle a matter in private or public;\n(h) the educational value and benefit to research and policy\ndevelopment of sharing details of matters about which the\nICAC has particular knowledge.\n6 Any other circumstances the ICAC considers relevant.\n\nSchedule 2 Information for persons making protected communications\nIndependent Commissioner Against Corruption Act 2017 130\nSchedule 2 Information for persons making protected\nsection 98\n1 A statement that:\n(a) reporting improper conduct so that it can be dealt with is\nencouraged by the ICAC; and\n(b) the person is not entitled to know the full details of subsequent\ninvestigations or disciplinary action that may result from the\ninformation, but the person may contact the ICAC's Office for\na general outline of action taken on the basis of the\ninformation; and\n(c) keeping the person's identity confidential reduces the risk of\nretaliation; and\n(d) the person is responsible for seeking assistance at an early\nopportunity if they experience or fear retaliation; and\n(e) the person consider accessing support services at an early\nopportunity to assist them to consider and manage the\nimpacts of making the protected communication.\n2 An indication of who is likely to be given access to the information\nin the communication and what is likely to be done with the\ninformation.\n3 Advice to the person:\n(a) to take care in communicating the information to other persons\nin ways that are not protected communications; and\n(b) of the ability of the person to apply for a declaration that an\naction taken by the person in relation to the information is a\nprotected communication.\n4 Information about what constitutes retaliation and what the person\ncan do if they experience or fear retaliation.\n5 A statement of the importance of not providing false or misleading\ninformation, the penalties for providing that information and the\nopportunity to retract or clarify that information.\n6 Information about support services mentioned in item 1(e).\n\nIndependent Commissioner Against Corruption Act 2017 131\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nIndependent Commissioner Against Corruption Act 2017 (Act No. 23, 2017)\nAssent date 8 December 2017\nCommenced 30 November 2018 (Gaz S94, 30 November 2018)\nIndependent Commissioner Against Corruption (Consequential and Related\nAmendments) Act 2018 (Act No. 3, 2018)\nAssent date 21 February 2018\nCommenced 30 November 2018 (s 2, s 2 Independent Commissioner\nAgainst Corruption Act 2017 (Act No. 23, 2017) and Gaz S94,\n30 November 2018)\nStatute Law Revision Act 2018 (Act No. 10, 2018)\nAssent date 23 May 2018\nCommenced 20 June 2018 (Gaz S41, 20 June 2018)\nIntegrity and Accountability Legislation Amendment Act 2019 (Act No. 23, 2019)\nAssent date 9 August 2019\nCommenced 10 August 2019 (s 2)\nJudicial Commission Act 2020 (Act No. 17, 2020)\nAssent date 1 July 2020\nCommenced 10 November 2021 (Gaz G45, 10 November 2021, p 1)\nJudicial and Other Officers' Entitlements Legislation Amendment Act 2023 (Act No. 14,\n2023)\nAssent date 31 May 2023\nCommenced 1 June 2023 (s 2)\nIndependent Commissioner Against Corruption Amendment Act 2023 (Act No. 29,\n2023)\nAssent date 13 November 2023\nCommenced s 45: 2 January 2024 (s 2(2)); rem: 14 November 2023\n(s 2(1))\n\nIndependent Commissioner Against Corruption Act 2017 132\nJustice and Other Legislation Further Amendment Act 2024 (Act No. 9, 2024)\nAssent date 24 May 2024\nCommenced pt 4: 1 July 2024 (s 2(2)), s 2 Health Care Decision Making\nAct 2023 (Act No. 19, 2023) and Gaz G13, 20 June 2024,\np 2); pts 9 and 10: 1 July 2024 (s 2(3)); pt 8: nc;\nrem: 25 May 2024 (s 2(1))\nIntegrity and Ethics Commissioner Act 2025 (Act No. 32, 2025)\nAssent date 27 November 2025\nCommenced ss 3 to 7 and pts 2 to 6 and 8: nc; rem: 28 November 2025\n(s 2(1))\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 15, 16, 25, 61, 70, 78,\n79, 93, 102, 104, 112, 125, 126, 155, 157, 159 and 161 and lt.\n4 LIST OF AMENDMENTS\ns 3 sub No. 29, 2023, s 4\ns 4 amd No. 17, 2020, s 80; No. 29, 2023, s 5\ns 10 amd No. 29, 2023, s 6\ns 11 amd No. 10, 2018, s 6\ns 15 amd No. 29, 2023, s 52\ns 18 amd No. 29, 2023, s 7\ns 18A ins No. 29, 2023, s 8\npt 3\ndiv 2 hdg amd No. 29, 2023, s 52\ns 23 amd No. 29, 2023, s 9\ns 24A ins No. 29, 2023, s 10\ns 25 amd No. 17, 2020, s 81\ns 25A ins No. 17, 2020, s 82\ns 27 amd No. 29, 2023, s 11\ns 28 amd No. 17, 2020, s 83\ns 30A ins No. 29, 2023, s 12\ns 34 amd No. 29, 2023, s 13\ns 37 amd No. 29, 2023, s 52\ns 38A ins No. 29, 2023, s 14\ns 45 amd No. 29, 2023, s 52\ns 48 amd No. 29, 2023, s 15\ns 50 amd No. 29, 2023, s 16\ns 50A ins No. 29, 2023, s 17\ns 51 amd No. 29, 2023, s 18\ns 52 rep No. 29, 2023, s 19\ns 55 amd No. 29, 2023, s 20\ns 59 amd No. 29, 2023, s 21\ns 60 sub No. 29, 2023, s 22\ns 65 amd No. 29, 2023, s 23\ns 71 amd No. 29, 2023, s 24\ns 75 sub No. 29, 2023, s 25\ns 82 amd No. 29, 2023, s 26\ns 83A ins No. 29, 2023, s 27\ns 85 amd No. 29, 2023, s 28\n\nIndependent Commissioner Against Corruption Act 2017 133\ns 93 amd No. 29, 2023, s 29\ns 98 amd No. 29, 2023, s 30\ns 101 amd No. 29, 2023, s 52\ns 110 amd No. 29, 2023, s 31\ns 112 amd No. 29, 2023, s 52\npt 7\ndiv 1AA hdg ins No. 29, 2023, s 32\ns 112A ins No. 29, 2023, s 32\ns 114 amd No. 29, 2023, s 52\ns 116 amd No. 14, 2023, s 42\ns 121 amd No. 32, 2025, s 82\npt 7\ndiv 1A hdg ins No. 14, 2023, s 43\nss 122A –\n122D ins No. 14, 2023, s 43\ns 126 amd No. 29, 2023, s 33\ns 128 amd No. 29, 2023, s 34\ns 134 amd No. 23, 2019, s 18; No. 29, 2023, s 35\ns 134A ins No. 29, 2023, s 36\ns 135 amd No. 29, 2023, s 37\ns 135A ins No. 29, 2023, s 38\ns 139 amd No. 29, 2023, s 39\nss 139A –\n139C ins No. 29, 2023, s 40\ns 140A ins No. 29, 2023, s 41\ns 142 amd No. 29, 2023, s 52; No. 9, 2024, s 42\ns 143 amd No. 29, 2023, s 42\ns 144A ins No. 29, 2023, s 43\ns 145 sub No. 29, 2023, s 43\ns 146 amd No. 29, 2023, s 44\ns 146A ins No. 29, 2023, s 45\ns 147 amd No. 29, 2023, s 46\ns 147A ins No. 29, 2023, s 47\nss 148 – 150 sub No. 29, 2023, s 47\ns 151A ins No. 29, 2023, s 48\nss 155A –\n155B ins No. 29, 2023, s 49\ns 158 amd No. 29, 2023, s 50\ns 164 hdg amd No. 3, 2018, s 20\npt 10 hdg exp No. 23, 2017, s 178\ndiv 1 hdg exp No. 23, 2017, s 178\ns 170 exp No. 23, 2017, s 178\ndiv 2 hdg exp No. 23, 2017, s 178\nins No. 29, 2023, s 49\nss 171 – 178 exp No. 23, 2017, s 178\nins No. 29, 2023, s 49\ndiv 3 hdg exp No. 23, 2017, s 178\nins No. 32, 2025, s 80\ns 179 ins No. 32, 2025, s 80\ndiv 4 hdg exp No. 23, 2017, s 178","sortOrder":203}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":780},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as stated in section 3 — establishing an independent corruption watchdog with whistleblower protection. The 2023 and 2025 amendments refined operational details (e.g., limiting ICAC jurisdiction over minor misconduct, adding long service leave provisions, clarifying privilege rules) without fundamentally expanding beyond the original scope of addressing improper conduct in public administration."},"complexity_factors":["Multiple overlapping categories of 'improper conduct' (corrupt conduct, misconduct, unsatisfactory conduct, anti-democratic conduct) with distinct definitions and thresholds in sections 9-15","Extensive cross-referencing between Parts — e.g., investigation powers in Part 3 reference general powers in Part 4, which interact with confidentiality rules in Part 5","47+ defined terms in section 4 alone, including nested definitions (e.g., 'public officer' excludes certain persons depending on context)","Conditional limitations on ICAC powers — e.g., section 18A restricts investigations of misconduct/unsatisfactory conduct to linked corruption matters or senior officials","Multiple privilege regimes (client legal privilege, self-incrimination, parliamentary privilege, journalist privilege) with detailed procedural rules in Division 2 of Part 5","Whistleblower protection scheme with 10+ factors for determining protected status (section 94) and complex retaliation offences with multiple defences","Strict liability offences mixed with fault-based offences, with varying penalty units and imprisonment terms","Transitional provisions spanning three separate amending Acts with different commencement dates and application rules"],"plain_english_summary":"This Act establishes the **Independent Commissioner Against Corruption (ICAC)** for the Northern Territory — a powerful watchdog to investigate and tackle wrongdoing in public administration.\n\n**What it does:**\n- Creates the ICAC as an independent body to **investigate serious corruption, misconduct, and anti-democratic conduct** by public officers and bodies (including ministers, MLAs, judges, police, and government agencies)\n- Sets up a **whistleblower protection scheme** — people who report corruption (\"protected communications\") are shielded from retaliation, with criminal penalties for anyone who punishes them\n- Gives the ICAC **extensive powers**: entering premises, seizing documents, requiring people to answer questions, holding private examinations and public inquiries, and issuing search warrants\n- Allows the ICAC to **refer matters** to other bodies (police, Ombudsman, Auditor-General, etc.) or take over investigations itself\n- Establishes an **Inspector** to oversee the ICAC and handle complaints about its conduct\n- Repeals and replaces the old Public Interest Disclosure Act 2008\n\n**Who it affects:**\n- All **public officers** — ministers, MLAs, judges, police, public servants, local councillors, and anyone performing public functions\n- **Public bodies** — government departments, councils, courts, hospitals, universities, and government-owned corporations\n- **Whistleblowers** — anyone who reports suspected improper conduct\n\n**Why it matters:**\nThe Act aims to **prevent corruption, maintain public trust in government, and protect people who speak up**. It creates serious criminal offences for corrupt conduct, retaliation against whistleblowers, and obstructing ICAC investigations. The ICAC can make public findings and recommendations, but cannot itself prosecute — it refers evidence to police or prosecutors.\n\n**Key limits:**\n- The ICAC **cannot investigate judicial officers** in their judicial functions\n- It **generally cannot investigate mere misconduct or unsatisfactory conduct** unless linked to corruption or involving very senior officials\n- It **cannot direct independent entities** like courts or the DPP on how to handle referrals"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Subsequent amendments changed the Act's operational scope. The Independent Commissioner Against Corruption Amendment Act 2023 and a later amendment referenced in Part 3 modify investigative limits (notably s18A's application), evidentiary and offence provisions, and preserve older rules for investigations or staff existing before specific commencements (see ss171–179, s172). The result phases in or narrows certain powers while applying transitional protections to pre‑existing matters and personnel."},"complexity_factors":["Broad, technical definitions of misconduct categories and \"improper conduct\" spanning corrupt, misconduct, unsatisfactory and anti‑democratic conduct (ss9–16, ss10–12).","Extensive compulsory powers to require information/items and retain/copy material, with complex notice, seizure and privilege procedures (ss24A, 74, 86–90).","Detailed limits and prioritisation rules governing when ICAC may investigate misconduct/unsatisfactory conduct (s18, s18A; Sch 1 s20 factors).","Layered whistleblower regime combining mandatory directions, nominated recipients, protected‑communication tests, ICAC declarations, procedural obligations and guidance (ss22, 92–99, 94–99, 106).","Criminal and civil liability for retaliation plus management‑specific offences, defences and vicarious liability rules (ss100–106, s105).","Interaction and referral mechanisms with many other entities (parliamentary Speaker, courts, Ombudsman, police, regulators) creating multi‑agency coordination complexity (s25).","Complex limits on privileges (client privilege, self‑incrimination, parliamentary privilege, journalist privilege) and special Supreme Court procedures for disputes (ss79–83A, 84–91).","Transitional and amendment provisions preserving older rules for ongoing investigations and staff, and later adjustments to scope and defences (Part 3, ss171–179)."],"plain_english_summary":"This law creates an Independent Commissioner Against Corruption (ICAC) with powers to detect, investigate and prevent \"improper conduct\" in Territory public administration. ICAC prioritises corrupt and serious anti‑democratic conduct, can compel information, require mandatory reporting, direct public bodies, and refer matters for prosecution or to other agencies.\n\nIt establishes whistleblower protections, criminal and civil remedies for retaliation, and offences for obstructing ICAC functions. The law changes reporting incentives and compliance burdens for public bodies and officers and vests substantial discretion in ICAC about what to investigate."}},"importantCases":[],"_links":{"self":"/api/acts/independent-commissioner-against-corruption-act-2017","history":"/api/acts/independent-commissioner-against-corruption-act-2017/history","analysis":"/api/acts/independent-commissioner-against-corruption-act-2017/analysis","conflicts":"/api/acts/independent-commissioner-against-corruption-act-2017/conflicts","importantCases":"/api/acts/independent-commissioner-against-corruption-act-2017/important-cases","documents":"/api/acts/independent-commissioner-against-corruption-act-2017/documents"}}