50Investigation report

50 Investigation report (1) The ICAC may make a report (an investigation report) on an investigation to a responsible authority for a public body or public officer whose conduct is the subject of the investigation. An investigation report may contain recommendations – see section 56. (1A) If an investigation involved the holding of a public inquiry, the ICAC must make an investigation report under subsection (1). (2) If the ICAC proposes to make an adverse finding about a person or body in an investigation report, the ICAC must give the person or body a reasonable opportunity to respond to the adverse material and include a fair representation of the response in the report.

Independent Commissioner Against Corruption Act 2017 41 (3) An investigation report may: (a) contain as much information as the ICAC considers appropriate in relation to the subject matter of the investigation to which the inquiry relates; and (b) include a finding as to whether a person has engaged in, is engaging in or is about to engage in, improper conduct; and (c) include information as to whether an allegation of improper conduct has been referred to, or in the ICAC's opinion warrants referral to, a referral entity. An investigation report may contain recommendations – see section 56. (4) However, an investigation report must not include a finding: (a) as to whether a person has committed, is committing or is about to commit, an offence or a breach of discipline; or (b) as to the prospects of success of any current or future prosecution or disciplinary action. (5) For subsection (4), a finding that a person has engaged, is engaging or is about to engage in improper conduct is not a finding that the person is guilty of or has committed, is committing or is about to commit an offence or a breach of discipline. (6) For an investigation report made to the Speaker or Deputy Speaker, the Speaker or Deputy Speaker must table a copy of the report in the Legislative Assembly on the next sitting day after the Speaker or Deputy Speaker receives the report. (6A) An investigation report made to the Speaker or Deputy Speaker under subsection (6) must not name or identify any person other than an MLA in relation to a matter that amounts to no more than misconduct or unsatisfactory conduct, unless, in the opinion of the ICAC: (a) the alleged misconduct or unsatisfactory conduct gives rise to a suspicion of systemic misconduct or unsatisfactory conduct; or (b) other exceptional circumstances exist that make it appropriate to name or otherwise identify the person. (6B) Nothing in this section requires more than one investigation report to be prepared if this section requires an investigation report to be made to more than one responsible authority.

Independent Commissioner Against Corruption Act 2017 42 responsible authority means: (a) for a public body or public officer other than a minister or an MLA: (i) an entity having authority to deal with one or more matters relating to improper conduct the subject of the investigation to which the report relates; or (ii) an entity whose functions include making future decisions in the public interest that may be better informed by receipt of the investigation report; or (b) for a minister or an MLA other than the Speaker – the Speaker; or (c) for the Speaker – the Deputy Speaker.