179Application of amendment to section 121

179 Application of amendment to section 121 The amendment to this Act by section 82 of the Integrity and Ethics Commissioner Act 2025 applies to an acting ICAC in office on the commencement of that section.

Independent Commissioner Against Corruption Act 2017 127 Schedule 1 Matters ICAC to take into account in performing functions section 20 1 The object of this Act. 2 The public interest in the following: (a) acting and being seen to act fairly and impartially; (b) not interfering with an individual's rights, privileges or privacy, beyond what is reasonably necessary to carry out ICAC's functions effectively; (c) upholding the rule of law; (d) the separation of powers, including the independence of the judiciary and the Legislative Assembly's right to control its own affairs; (e) cultural sensitivity and the reasonable accommodation of persons with special needs; (f) persons in positions of seniority or power in the public sector exhibiting appropriate behaviour commensurate with those positions; (g) public officers and public bodies taking responsibility for ensuring improper conduct is detected and dealt with appropriately; (h) ensuring offences involving improper conduct are investigated and prosecuted; (i) the general deterrence of improper conduct; (j) the ICAC obtaining, and continuing to be able to obtain, information about improper conduct; (k) minimising the risk of retaliation; (l) the proper functioning of democratic processes; (m) avoiding prejudice to current and possible future prosecutions.

Independent Commissioner Against Corruption Act 2017 128 3 The impact of the ICAC's activities on the following: (a) the ability and capacity of public officers and public bodies to perform their functions, especially if those functions involve critical or front-line services; (b) investigations by law enforcement agencies; (c) current and possible future legal proceedings. 4 The need for the ICAC to target public resources most effectively, including by the following: (a) considering alternatives to carrying out an investigation in order to prevent or minimise improper conduct; (b) prioritising the most serious, systemic and sensitive matters; (c) prioritising matters with present relevance; (d) considering relevant statutory timeframes for related prosecution or disciplinary action; (e) considering the extent to which a matter has already been investigated; (f) considering the extent to which relevant and reliable evidence of improper conduct is available; (g) referring matters to a referral entity; (h) giving directions and guidance to a referral entity; (i) taking back a matter from a referral entity; (j) declining to investigate matters as appropriate; (k) generally altering a course of action according to information received in order to meet changing circumstances. 5 Matters should be dealt with by the ICAC in private, unless it is in the public interest to do otherwise, taking into account the following: (a) the desirability of the public sector being open and accountable to the public; (b) the benefit of exposing improper conduct to public scrutiny; (c) the extent to which allegations of improper conduct are already in the public domain;