48General report

48 General report (1) The ICAC may, at any time, make a report (a general report) in relation to any of the following: (a) an evaluation or review carried out under section 23; (b) systemic issues the ICAC has identified in one or more public bodies in relation to improper conduct; (c) matters the ICAC believes may be affecting the incidence of improper conduct in one or more public bodies; (d) the reporting of improper conduct by public bodies and public officers, including the following: (i) the adequacy of reporting and of mechanisms to enable or encourage reporting; (ii) the extent to which reporting is encouraged and supported; (iii) the impact on persons who report or assist in dealing with improper conduct; (e) matters that the ICAC considers have seriously affected, or may seriously affect, the ICAC's ability to perform the ICAC's functions, including the following: (i) intentional or unintentional obstruction of the ICAC; (ii) unexpected events; (iii) current or proposed laws of the Territory; (iv) adequacy of resources available to the ICAC; (f) a general update on the ICAC's activities; (g) the identification of integrity risks;

Independent Commissioner Against Corruption Act 2017 39 (h) relevant matters that have arisen in another Territory, a State or the Commonwealth. Note for subsection (1)(a) Any general report is in addition to the mandatory report mentioned in section 23(4). A general report may contain recommendations – see section 56. (2) A general report must contain information as to the factual basis on which the ICAC expresses any opinions in the report, but the ICAC is not required to include details about specific investigations, unless the ICAC considers it in the public interest to do so. (2A) If, in accordance with subsection (2), the ICAC includes any details about a specific investigation in a general report, the report must not: (a) include an opinion as to whether a person has committed, is committing or is about to commit, an offence or a breach of discipline; or (b) include a comment as to the prospects of success of any current or future prosecution or disciplinary action; or (c) name or identify any person in relation to a matter that amounts to no more than misconduct or unsatisfactory conduct, unless, in the opinion of the ICAC: (i) the alleged misconduct or unsatisfactory conduct gives rise to a suspicion of systemic misconduct or unsatisfactory conduct; or (ii) other exceptional circumstances exist that make it appropriate to name or otherwise identify the person. (2B) For subsection (2A)(a), an opinion that a person has engaged, is engaging or is about to engage in improper conduct is not an opinion that the person is guilty of or has committed, is committing or is about to commit an offence or a breach of discipline. (2C) Subsection (2B) does not authorise the naming or identification of a person contrary to subsection (2A)(c). (3) The ICAC must not: (a) make a general report about the processes or procedures by which judicial decisions are made; or