Independent Commission Against Corruption (New South Wales)

The Inspector of the Independent Commission Against Corruption is an independent statutory officer whose role and functions is to hold the ICAC accountable in the way it carries out its function.{{cite web|url=http://www.oiicac.nsw.gov.au/|website=Office of the Inspector of the Independent Commission Against Corruption|publisher=Government of New South Wales |title=The Inspector of the Independent Commission Against Corruption |access-date=14 April 2016}} The Inspector's role are set out in Part 5A of the ICAC Act. The inspector is not answerable to ICAC in any way and is located in physically separate premises from the ICAC. The inspector's role includes: undertaking audits of the ICAC's operations to ensure compliance with the law; dealing with complaints about the conduct of the ICAC and current and former officers; and assessing the effectiveness and appropriateness of the ICAC's procedures.

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

The ICAC has jurisdiction over state and local government in New South Wales. This extends to parliamentarians, local councillors, the Governor of New South Wales, public servants, and staff of universities and state-owned corporations.But not now police: since 1996 the NSW Police Force has been subject to the Police Integrity Commission. Anyone can refer a matter to the commission. In 2014 it was estimated that less than one per cent out of around 3,000 complaints annually result in a public hearing.{{Cite news |url=http://www.watoday.com.au/comment/icac-under-threat-of-being-silenced-20140418-36wg0.html |title=ICAC under threat of being silenced |last=Whitbourn|first=Michaela|access-date=19 April 2014 |date=19 April 2014 |work=WAtoday }} The commission has the coercive powers of a royal commission and can compel witnesses to testify. Public hearings are designed to act as a preventative measure against corruption. Where the ICAC rules that an official has acted corruptly, the charges are referred to the criminal justice system for consideration by the Director of Public Prosecutions to lay criminal charges.

There are only limited controls on admissible evidence, which may be obtained by compulsion and coercion or other means that would make it inadmissible in a court of law. Often evidence used in ICAC cases cannot subsequently be used in related criminal proceedings. There is no right to silence for witnesses called to the commission and failure to testify (along with misleading the commission) can lead to five-year jail terms. While the ICAC cannot impose custodial sentences (other than for procedural matters), it can recommend that criminal charges be considered by the Department of Public Prosecution. In practice it has achieved very few convictions following its investigations and has had key findings such as that against former Premier Greiner found as going beyond its powers. As well as its inquisitorial powers, ICAC has telephone intercept powers.

From its establishment until November 2016, the ICAC was led by a single commissioner, who, although the agency belongs within the New South Wales Premier's Department, reported directly to the presiding officers of the Parliament of New South Wales. The commissioner served a single five-year term and cannot be dismissed except by the Governor. Following the passage of the Independent Commission Against Corruption Amendment Act 2016 (NSW), the agency was reconstituted as a three-member commission, comprising a chief commissioner and two other commissioners; and in order for a public hearing to be held as part of any corruption investigation, the chief commissioner and at least one other commissioner must agree.{{cite web |url=https://www.timebase.com.au/news/2016/AT3984-article.html |title=NSW Government's Independent Commission Against Corruption Overhaul Passes Parliament |work=TimeBase |date=17 November 2016 |access-date=23 November 2016 }}

The 1980s saw a number of corruption scandals break around Australia, involving the Labor administrations in New South Wales, Victoria and Western Australia (WA Inc), the Liberal government in Tasmania and the Nationals administration in Queensland (Fitzgerald Inquiry).

In 1988, Nick Greiner, a Liberal, ran against Labor in New South Wales on an anti-corruption platform and won. Introducing legislation to establish the ICAC, Greiner told Parliament:{{cite web |url=http://www.parliament.nsw.gov.au/prod/parlment/hanstrans.nsf/V3ByKey/LA19880526/$file/491LA009.PDF |date=26 May 1988 |page=673 |author=Greiner, Nick |author-link=Nick Greiner |title=Independent Commission Against Corruption Bill |work=Hansard |publisher=Parliament of New South Wales |access-date=23 January 2014 }}

{{Blockquote|In recent years, in New South Wales we have seen: a Minister of the Crown gaoled for bribery; an inquiry into a second, and indeed a third, former Minister for alleged corruption; the former Chief Stipendiary Magistrate gaoled for perverting the course of justice; a former Commissioner of Police in the courts on a criminal charge; the former Deputy Commissioner of Police charged with bribery; a series of investigations and court cases involving judicial figures including a High Court Judge; and a disturbing number of dismissals, retirements and convictions of senior police officers for offences involving corrupt conduct.... No government can maintain its claim to legitimacy while there remains the cloud of suspicion and doubt that has hung over government in New South Wales.|Nick Greiner, as Premier of New South Wales, 1988.}}

The ICAC's first task was to investigate activities of the previous Wran and Unsworth governments. No charges were recommended by the commission.

In 1992, the ICAC ruled that Premier Greiner's offer of a government job to former minister Terry Metherell was an act of "technical" corruption. Although the charges were later dismissed by the courts, the four independent MPs on whom the premier relied for a majority in the Legislative Assembly indicated that they would no longer support his leadership. Greiner resigned and was replaced by John Fahey.{{Cite news |url=http://www.smh.com.au/nsw/ghosts-of-past-misdeeds-lurk-behind-a-career-cut-short-20140416-36sen.html |title=Ghosts of past misdeeds lurk behind a career cut short |last=Snow |first=Deborah |access-date=18 April 2014 |date=16 April 2014 |newspaper=The Sydney Morning Herald}}

In 2008, the ICAC documented entrenched corruption within RailCorp.{{cite book |title=Understanding and Preventing Corruption |last1=Graycar |first1=Adam |last2=Prenzler |first2=Tim |year=2013 |publisher=Palgrave Macmillan |isbn=978-1137335098 |page=16 |url=https://books.google.com/books?id=hbTKAQAAQBAJ |access-date=17 April 2014}} A range of offences were investigated, involving staff at many levels, and A$19 million was found to have been improperly allocated.

The ICAC began focusing on ministerial level corruption from 2010.{{Cite news |url=http://www.abc.net.au/news/2014-04-17/dempster-an-antidote-to-the-new-south-wales-disease/5397352 |title=The star chamber that took down a premier |last=Dempster |first=Quentin |access-date=17 April 2014 |date=17 April 2014 |work=The Drum |publisher=Australian Broadcasting Corporation }} In November 2010, the commission released a report titled Investigation into Corruption Risks Involved in Lobbying. It recommended the implementation of a new lobbying regulatory scheme to provide transparency and to reduce both the risk of corruption and public distrust.{{cite web |url=http://www.icac.nsw.gov.au/media-centre/media-releases/article/3789 |title=ICAC recommends legislative changes to better manage lobbying |date=10 November 2010 |work=Media Release |publisher=Independent Commission Against Corruption |access-date=11 April 2014 }}

In 2014, the ICAC investigated alleged corrupt activities relating to a water infrastructure company. It called Premier Barry O'Farrell as a witness and asked if he recalled being sent a gift of a $2,978 bottle of wine by the CEO of the company. O'Farrell said he had no recollection of such a gift. When a thank-you note in O'Farrell's handwriting was produced the next day, O'Farrell immediately announced that he would resign as party leader and as Premier.{{cite news |title=Barry O'Farrell quits as NSW Premier over ICAC 'memory fail' |url=http://theconversation.com/barry-ofarrell-quits-as-nsw-premier-over-icac-memory-fail-25700|access-date=17 April 2014 |newspaper=The Conversation |date=16 April 2014 |author=Grattan, Michelle |author-link=Michelle Grattan}}

Later during the same case, NSW Police Minister Mike Gallacher voluntarily stood down as minister after counsel assisting alleged that he been involved in obtaining an illegal political donation.{{cite news |last1=Whitbourn|first1=Michaela |last2=McClymont|first2=Kate |title=Police Minister Mike Gallacher steps down after ICAC hears he was involved in 'corrupt scheme' with Nathan Tinkler |url=http://www.smh.com.au/nsw/police-minister-mike-gallacher-steps-down-after-icac-hears-he-was-involved-in-corrupt-scheme-with-nathan-tinkler-20140502-zr31y.html |newspaper=The Sydney Morning Herald |date=2 May 2014 |access-date=2 May 2014}} However, Premier Mike Baird required him to resign.{{cite news |last=Howden|first=Saffron |title=Mike Gallacher had to resign over ICAC claim, Mike Baird says |url=http://www.smh.com.au/nsw/mike-gallacher-had-to-resign-over-icac-claim-mike-baird-says-20140502-37mtf.html |newspaper=The Sydney Morning Herald |date=2 May 2014 |access-date=2 May 2014}} ICAC ultimately did not proceed with corruption charges.The Australian, 31 August 2016, page 11

On 15 April 2015 in a 4:1 majority ruling in relation to an ICAC investigation into alleged conduct of Margaret Cunneen {{post-nominals|country=AUS|SC}}, the High Court of Australia found that the ICAC had exceeded its authority based on a misinterpretation of "corrupt conduct" in the Act.{{cite web|title=Independent Commission Against Corruption v Cunneen [2015] HCA 14 |url=http://www.austlii.edu.au/au/cases/cth/HCA/2015/14.html |work=AustLII |access-date=17 April 2015}} Section 8(2) of the Act defined "corrupt conduct" as conduct that "adversely affects, or that could adversely affect ... the exercise of official functions by any public official". The High Court found that, in this context, "adversely affect" means "adversely affect or could adversely affect the probity of the exercise of an official function by a public official" and not "adversely affect or could adversely affect the efficacy of the exercise of an official function by a public official in the sense that the official could exercise the function in a different manner or make a different decision from that which would otherwise be the case". The Court ruled that Cunneen's alleged conduct might have affected the official's choice of action but would not have affected the official's probity in making that choice. The Court accepted that the alleged conduct of Cunneen, a senior public prosecutor, would have been in a private and not an official capacity. The Cunneen decision raised questions about whether ICAC exceeded its powers in some earlier and current high-profile corruption investigations.{{cite news|url=http://www.smh.com.au/nsw/high-court-rejects-icacs-bid-to-investigate-crown-prosecutor-margaret-cunneen-20150415-1mjpgb.html |last=Whitbourn|first=Michaela |title=High Court rejects ICAC's bid to investigate Crown prosecutor Margaret Cunneen |work=The Sydney Morning Herald |date=16 April 2015 |access-date=17 April 2015}}{{cite news|url=http://www.smh.com.au/nsw/crown-prosecutor-margaret-cunneen-clips-icacs-wings-20150415-1mjq29.html |last=Whitbourn |first=Michaela|title=Crown prosecutor Margaret Cunneen clips ICAC's wings |work=The Sydney Morning Herald |date=16 April 2015 |access-date=17 April 2015}} Nonetheless, in May 2015 the ICAC referred the allegations against Cunneen to the New South Wales Director of Public Prosecutions; in July 2015 the Solicitor General determined that a prosecution was not warranted.{{cite web|url=http://www.justice.nsw.gov.au/Pages/media-news/media-statements/2015/csostatement-referral-from-icac.aspx|author=NSW Solicitor General|publisher=NSW Department of Justice|title=Statement from NSW Solicitor General regarding a referral from the Independent Commission Against Corruption|location=Sydney|date=24 July 2015|access-date=25 July 2015}}{{cite news |author1=Whitbourn, Michaela|author2=Nicholls, Sean|title=Margaret Cunneen will not be prosecuted over ICAC evidence, Solicitor-General advises|url=http://www.smh.com.au/nsw/margaret-cunneen-will-not-be-prosecuted-over-icac-evidence-solicitorgeneral-advises-20150724-gijwel.html|date=25 July 2015|work=The Sydney Morning Herald|access-date=25 July 2015}}

Some of those investigations into governmental corruption had led to ICAC reports that recommended legislation to cancel certain mining licences without compensation and such legislation had been enacted by the New South Wales parliament. Simultaneously with the Cunneen decision, the High Court unanimously rejected challenges to the validity of that legislation.{{cite web|title=Duncan v NSW [2015] HCA 13 |url=http://www.austlii.edu.au/au/cases/cth/HCA/2015/13.html |work=AustLII |access-date=17 April 2015}} The Cunneen decision, while not affecting that legislation itself,[http://www.legislation.nsw.gov.au/maintop/view/inforce/act+29+1992+cd+0+N Mining Act 1992 (NSW)], Schedule 6A "Cancellation of certain authorities", inserted by Mining Amendment (ICAC Operations Jasper and Acacia) Act 2014 (NSW). raised questions about the validity of the investigations that led to those reports.

The ICAC disagreed with the High Court's interpretation of the act, as "contrary to the legislative intention" and to "the ordinary meaning of the words used in the section"; it urged the NSW government to legislate to broaden its powers retrospectively, so as to legalise its earlier actions as well as current investigations.{{cite news|url=http://www.smh.com.au/nsw/icac-calls-on-state-government-to-act-quickly-to-amend-act-following-margaret-cunneen-decision-20150420-1moszc.html|last=Whitbourn|first=Michaela|title=ICAC calls on state government to act quickly to amend Act following Margaret Cunneen decision |work=The Sydney Morning Herald|date=21 April 2015|access-date=26 April 2015}} However, the inspector of the ICAC, former Supreme Court judge David Levine {{post-nominals|country=AUS|QC}}, criticised the ICAC's response as a "blustering" statement by a "poor loser" and "an improper and dismissive attack on the judgment of the highest court in the land", and warned against "any knee-jerk legislative reaction that will serve to render the ICAC a second police force or crime commission".{{cite web|url=http://www.smh.com.au/nsw/icac-inspector-david-levine-slams-watchdog-and-urges-baird-government-not-to-change-act-20150420-1mp06z.html|last=Whitbourn|first=Michaela|title=ICAC Inspector David Levine slams watchdog and urges Baird government not to change act|work=The Sydney Morning Herald|date=20 April 2015|access-date=26 April 2015}} NSW premier Mike Baird stated that "NSW will continue to have a strong ICAC. And we will take every action necessary to ensure that's the case."{{cite news|url=http://www.smh.com.au/nsw/premier-mike-baird-vows-to-fix-icac-to-ensure-corruption-charges-stick-20150424-1msmyt.html|last1=Nicholls|first1=Sean|last2=Whitbourn|first2=Michaela|title=Premier Mike Baird vows to fix ICAC to ensure corruption charges stick|work=The Sydney Morning Herald|date=25 April 2015|access-date=25 April 2015}} Former ICAC Commissioner David Ipp, although criticising the Cunneen investigation,{{cite news|url=http://www.dailytelegraph.com.au/news/nsw/former-icac-head-david-ipp-critical-of-decision-to-pursue-margaret-cunneen/story-fni0cx12-1227320234576|last=Clennell|first=Andrew|title=Former ICAC head David Ipp critical of decision to pursue Margaret Cunneen|work=The Daily Telegraph|location=Sydney|date=24 April 2015|access-date=29 April 2015}} strongly supported retrospective legislation to restore the ICAC's general powers.{{cite web|url=http://www.smh.com.au/comment/why-icac-powers-to-investigate-corruption-must-be-restored-20150427-1mty9l.html |last=Ipp|first=David|title=Why ICAC powers to investigate corruption must be restored|work=The Sydney Morning Herald|date=27 April 2015|access-date=29 April 2015}}

On 6 May 2015, the NSW government rushed through the parliament, with all-party support, a bill to amend the Independent Commission Against Corruption Act;{{cite web|url=http://www.smh.com.au/nsw/bill-to-validate-icac-findings-rushed-through-state-parliament-20150506-ggvglo.html|last=Whitbourn|first=Michaela|title=New bill to validate ICAC findings rushed through state parliament|work=The Sydney Morning Herald|date=6 May 2015|access-date=8 May 2015}} the amendments were brought into effect immediately. The Independent Commission Against Corruption Amendment (Validation) Act 2015 (NSW)[http://www.legislation.nsw.gov.au/sessionalview/sessional/act/2015-1.pdf Independent Commission Against Corruption Amendment (Validation) Act 2015 (NSW)] does not simply reverse the Cunneen decision. It amends the principal act so as to validate retrospectively the investigations that had led to the recent convictions, as well as the convictions themselves so far as affected by the Cunneen interpretation of the ICAC's powers. It also retrospectively validates other investigations by the ICAC up to that decision, and confirms that the ICAC is able to refer those investigations and any evidence gained by them to some other, unspecified person or body. The future of the ICAC's powers will be considered by a review, which premier Baird had announced on 5 May, to be headed by former High Court chief justice Murray Gleeson and to report by 10 July.{{cite news|url=http://www.smh.com.au/nsw/icacs-future-to-be-decided-by-landmark-review-20150505-gguj7w.html |last1=Nicholls|first1=Sean|last2=Whitbourn|first2=Michaela|title=ICAC's future to be decided by landmark review|work=The Sydney Morning Herald|date=5 May 2015|access-date=8 May 2015}}

Following the Cunneen decision, the ICAC confirmed that it would agree to court orders that would declare invalid its findings against mine owner Travers Duncan and other businessmen involved in a mining venture over the Obeid family's farm.{{cite news|url=http://www.smh.com.au/nsw/icac-findings-against-travers-duncan-and-others-to-be-overturned-20150423-1mrq9r.html|last1=Nicholls|first1=Sean|last2=Whitbourn|first2=Michaela|title=ICAC findings against Travers Duncan and others to be overturned|work=The Sydney Morning Herald|date=23 April 2015|access-date=24 April 2015}} The number of earlier investigations affected has been estimated at between eight and at least 50.{{cite web|url=http://www.smh.com.au/nsw/at-least-50-icac-findings-in-doubt-following-high-court-cunneen-ruling-20150426-1msad8.html |last=Whitbourn|first=Michaela|title=At least 50 ICAC findings in doubt following High Court Cunneen ruling |work=The Sydney Morning Herald|date=26 April 2015|access-date=27 April 2015}}

Duncan challenged the 2015 amendment act,{{cite web|url=http://www.smh.com.au/nsw/icac-findings-travers-duncan-and-associates-in-constitutional-challenge-20150508-ggwkiq.html|last=Whitbourn|first=Michaela|title=ICAC findings: Travers Duncan and associates in constitutional challenge|work=The Sydney Morning Herald|date=8 May 2015|access-date=8 May 2015}} claiming that it infringed the separation of powers established in the federal constitution, which as settled in Kable flows through to the NSW courts by cross-vesting. On 9 September 2015, the High Court unanimously dismissed that appeal, awarding costs against Duncan.{{cite web|url=http://www.smh.com.au/nsw/high-court-rejects-bid-by-mining-mogul-travers-duncan-to-overturn-laws-passed-to-bolster-icacs-powers-20150908-gjhfjd|last=Whitbourn|first=Michaela|title=High Court rejects bid by mining mogul Travers Duncan to overturn laws passed to bolster ICAC's powers|work=The Sydney Morning Herald|date=10 September 2015|access-date=10 September 2015}}[http://www.austlii.edu.au/au/cases/cth/HCA/2015/32.html Duncan v Independent Commission Against Corruption] [2015] HCA 32, in AustLII.

In October 2021, ICAC announced an investigation into whether then-Premier Gladys Berejiklian had breached public trust or encouraged corrupt behaviour during her romantic relationship with MP Daryl Maguire.{{cite web |url=https://www.smh.com.au/national/nsw/independent-commission-against-corruption-announces-investigation-into-nsw-premier-20211001-p58we9.html |title=Independent Commission Against Corruption announces investigation into NSW Premier |publisher=Sydney Morning Herald |date=1 October 2021 |access-date=1 October 2021}}{{cite news |url=https://www.abc.net.au/news/2021-10-01/icac-investigating-gladys-berejiklian-daryl-maguire/100506956 |title=Gladys Berejiklian being investigated by ICAC over relationship with former MP Daryl Maguire |newspaper=ABC News |publisher=ABC |date=1 October 2021 |access-date=1 October 2021}}{{cite web|title=Further Operation Keppel public inquiry – Independent Commission Against Corruption|url=https://www.icac.nsw.gov.au/media-centre/media-releases/2021-media-releases/further-operation-keppel-public-inquiry|access-date=2021-10-03|website=www.icac.nsw.gov.au}} In response to ICAC's announcement, Berejiklian announced her intention to resign as Premier and as a member of the Legislative Assembly.{{cite web |url=https://www.rnz.co.nz/news/world/452726/nsw-premier-gladys-berejiklian-resigns-as-corruption-investigation-launched |title=NSW Premier Gladys Berejiklian resigns as corruption investigation launched |publisher=RNZ |date=1 October 2021 |access-date=1 October 2021}}{{Cite news|last1=Himbrechts|first1=Dan|last2=Lewins|first2=Dean|date=2021-10-01|title=Berejiklian resigns as NSW Premier after ICAC probe into relationship with ex-MP announced|language=en-AU|work=ABC News|url=https://www.abc.net.au/news/2021-10-01/icac-investigating-gladys-berejiklian-daryl-maguire/100506956|access-date=2021-10-01}} On 29 June 2023, ICAC found that Berejiklian had engaged in "serious corrupt conduct" by refusing to report Maguire's corrupt statements to her, but did not recommend criminal charges against her as ICAC evidence is not admissible in criminal court due to the loss of the right to silence within hearings.{{Cite news |last=Greenbank |first=Amy |date=2023-06-28 |title=Corruption watchdog does not recommend criminal charges against Berejiklian |language=en-AU |work=ABC News |url=https://www.abc.net.au/news/2023-06-29/icac-findings-into-former-premier-gladys-berejiklian/102539148 |access-date=2023-06-28}}{{Cite news |last=Visontay |first=Elias |date=2023-06-29 |title=Icac found Gladys Berejiklian engaged in corrupt conduct. So why won't she be prosecuted? |language=en-GB |work=The Guardian |url=https://www.theguardian.com/australia-news/2023/jun/30/icac-found-gladys-berejiklian-engaged-in-corrupt-conduct-so-why-wont-she-be-prosecuted |access-date=2023-07-03 |issn=0261-3077}} In September 2023, Berejiklian lodged legal action against ICAC, seeking judicial review of their findings against her.{{cite web |last1=Beazley |first1=Jordyn |title=Former NSW premier Gladys Berejiklian launches legal challenge against Icac ruling of 'corrupt conduct' |url=https://www.theguardian.com/australia-news/2023/sep/23/former-nsw-premier-gladys-berejiklian-launches-legal-challenge-against-icac-ruling-of-corrupt-conduct |website=The Guardian |access-date=8 November 2023 |date=23 September 2023}}

While the ICAC has received support from some sections of the media,{{cite news|last=Ackland|first=Richard|title=ICAC architect Gary Sturgess should be a household name|url=http://www.smh.com.au/comment/icac-architect-gary-sturgess-should-be-a-household-name-20140416-zqvk2.html|newspaper=The Sydney Morning Herald|date=16 April 2014|access-date=18 April 2014}}{{cite web |last=McClymont|first=Kate |title=Was ICAC or O'Farrell wrong? McClymont vs Henderson |url=http://media.theage.com.au/news/national-news/was-icac-or-ofarrell-wrong-kate-mcclymont-v-gerard-henderson-5356773.html |publisher=The Age (from ABC Lateline) |date=17 April 2014 |access-date=18 April 2014}} it received substantial criticism in the wake of the Greiner and O'Farrell resignations.{{cite news |last=Hartcher|first=Peter |title=Barry O'Farrell takes the fall but ICAC cops the heat |url=http://www.theage.com.au/comment/barry-ofarrell-takes-the-fall-but-icac-cops-the-heat-20140416-zqvml.html |newspaper=The Age |date=16 April 2014 |access-date=18 April 2014}}{{cite news |last=Van Onselen |first=Peter |title=Another victim of a commission out of control |url=http://www.theaustralian.com.au/opinion/columnists/another-victim-of-a-commission-out-of-control/story-fn53lw5p-1226887099719#mm-premium |access-date=18 April 2014 |newspaper=The Australian |date=17 April 2014}}{{cite news |last=Merritt|first=Chris |title=The wrong man has resigned |url=http://www.theaustralian.com.au/national-affairs/state-politics/its-clear-the-wrong-man-has-resigned/story-e6frgczx-1226887152915# |access-date=18 April 2014 |newspaper=The Australian |date=17 April 2014}}{{cite news |last=Loane|first=Sally |title=ICAC Laws blot on NSW |url=http://newsstore.fairfax.com.au/apps/viewDocument.ac?page=1&sy=nstore&kw=ICAC+and+abolish&pb=smh&dt=selectRange&dr=entire&so=relevance&sf=text&sf=headline&rc=200&rm=200&sp=nrm&clsPage=1&docID=news940429_0080_0576 |access-date=18 April 2014 |newspaper=The Sydney Morning Herald|date=29 April 1994}}{{cite news |last1=Moore|first1=Matthew |last2=Norington|first2=Brad|title=ICAC in the hot seat |url=http://newsstore.fairfax.com.au/apps/viewDocument.ac?page=1&sy=nstore&kw=ICAC+and+metherell&pb=smh&dt=selectRange&dr=entire&so=relevance&sf=text&sf=headline&rc=200&rm=200&sp=nrm&clsPage=1&docID=news920821_0063_6565 |access-date=18 April 2014 |newspaper=The Sydney Morning Herald |date=21 August 1992}} In 1994, former Premier Neville Wran suggested that the then Government should consider "[ridding] the ICAC legislation of its glaring abuses of civil rights". In the wake of the findings of corruption against Eddie Obeid and Ian Macdonald, Graham Richardson, a former Labor Senator, opined that the ICAC had caused "collateral damage" to innocent people, citing Eric Roozendaal as an example.{{cite news|title=Labor Party drowning in guilt by association thanks to ICAC findings|url=http://www.theaustralian.com.au/opinion/columniss/labor-party-drowning-in-guilt-by-association-thanks-to-icac-findings/story-fnfenwor-1226689758298#|author=Richardson, Graham|author-link=Graham Richardson|work=The Australian|date=2 August 2013|access-date=4 May 2014}} After O'Farrell's resignation, Bruce Baird, a former State Deputy Liberal Leader who voted for the ICAC establishing legislation, was quoted on ABC TV describing the commission as a "Star Chamber" that "trashes peoples' reputations".{{cite web |last=Ferguson|first=Sally |title=Mike Baird elected NSW premier after Barry O'Farrell resigns |url=http://www.abc.net.au/7.30/content/2014/s3988187.htm |date=17 April 2014 |publisher=Australian Broadcasting Corporation |access-date=17 April 2014}} Professor Peter van Onselen also questioned the "Star Chamber" nature of the commission and its history of "besmirching reputations".{{cite news |last=Van Onselen|first=Peter |title=Modern star chamber must be brought to account |url=http://www.theaustralian.com.au/opinion/columnists/modern-star-chamber-must-be-brought-to-account/story-fn53lw5p-1226861622476#mm-premium |work=The Australian |date=22 March 2014 |access-date=18 April 2014}} Former Victorian Premier Jeff Kennett suggested that the ICAC's actions with regard to O'Farrell had been "entrapment",{{cite news |last=Hatch |first=Patrick |title=O'Farrell fall was entrapment, says Kennett |url=http://www.theage.com.au/federal-politics/political-news/ofarrell-fall-was-entrapment-says-kennett-20140417-36u40.html |newspaper=The Age |date=17 April 2014}} while Chris Merritt of The Australian suggested that the investigation had been "ludicrous" and that it was Geoffrey Watson (counsel assisting the ICAC) who should have resigned instead. Nick Di Girolamo, a witness before the ICAC in proceedings that led to the resignation of O'Farrell, lodged a complaint in 2014 with the NSW Bar Association about Watson's behaviour during the hearings.{{cite news|url=http://www.dailytelegraph.com.au/news/nsw/nick-di-girolamo-how-im-hitting-back-at-the-icac/story-fni0cx12-1227019183816?nk=c64ea1e4f7dec53850f9e31150387b91|title=Nick Di Girolamo: 'How I'm hitting back at the ICAC'|work=The Sunday Telegraph|location=Australia|date=10 August 2014|author=Massoud, Josh|access-date=12 August 2014}} The Cunneen investigation was criticised, in the light of the eventual High Court decision, as having been heavy-handed from the start.{{cite news |last=Glegg |first=Louise |title=Important questions remain unanswered in Margaret Cunneen case |url=http://www.smh.com.au/comment/important-questions-remain-unanswered-in-margaret-cunneen-case-20150416-1mmlhr.html |work=The Sydney Morning Herald |date=16 April 2015 |access-date=17 April 2015}}{{cite news |last=Dempster |first=Quentin |title=Cunneen ruling: High Court created a hair, then split it |url=http://www.smh.com.au/comment/cunneen-ruling-high-court-created-a-hair-then-split-it-20150417-1mn79n.html |work=The Sydney Morning Herald |date=17 April 2015 |access-date=17 April 2015}}

On the other hand, in an editorial in the wake of the O'Farrell resignation, the Sydney Morning Herald quoted new NSW Premier Mike Baird that "ICAC is doing exactly what it should do and it is something that I will sign up to 100 per cent"; the newspaper advocated creation of a federal equivalent.{{cite news |title=ICAC's strengths put forward convincing case for federal equivalent |url=http://www.smh.com.au/comment/smh-editorial/icacs-strengths-put-forward-convincing-case-for-federal-equivalent-20140417-zqw2d.html |newspaper=The Sydney Morning Herald |date=17 April 2014 |access-date=19 April 2014}} Likewise, Australian Greens Senator Lee Rhiannon renewed the Greens' long-standing call for a national equivalent to ICAC.{{cite news |last=Rhiannon|first=Lee |title=It's high time for a national corruption commission |url=https://www.theguardian.com/commentisfree/2014/apr/17/its-high-time-for-a-national-corruption-commission |access-date=21 April 2014 |newspaper=The Guardian (Australian edition) |date=17 April 2014}} Calls for changes to how the ICAC operates following O'Farrell's resignation were rejected by Professor Anne Twomey, an expert in public and constitutional law at the University of Sydney, because it was O'Farrell who misled the ICAC, breached the parliamentary code of conduct and failed to properly declare pecuniary interests. A more historical defence of the ICAC has been that it was set up by a Liberal government in an expectation, shared fearfully by the Labor opposition, that it would be in effect "a standing royal commission into Labor", and that Coalition members and supporters have been appalled that it has not turned out that way.{{cite news |last=Hawker |first=Bruce |title=The Coalition whinging about Icac is nothing new |url=https://www.theguardian.com/commentisfree/2014/apr/22/the-coalition-whinging-about-icac-is-nothing-new |newspaper=The Guardian (Australian edition) |date=22 April 2014 |access-date=22 April 2014}}

As of mid-December 2015, disputes continue.{{cite news|last1=Milbourn|first1=Michaela|last2=McClymont|first2=Kate|title=Car crash and fake boobs make Margaret Cunneen's battle with ICAC great fodder for Sydney shock jocks|url=http://www.smh.com.au/nsw/car-crash-and-fake-boobs-make-margaret-cunneens-battle-with-icac-great-fodder-for-sydney-shock-jocks-20151209-glj8zt.html|newspaper=The Sydney Morning Herald|date=12 December 2015|access-date=12 December 2015}}{{cite news|last=Milbourn|first=Michaela|title=Former ICAC inspector slams 'flawed' report on Cunneen inquiry|url=http://www.smh.com.au/nsw/former-icac-inspector-slams-flawed-report-on-cunneen-inquiry-20151214-glmydz.html|newspaper=The Sydney Morning Herald|date=14 December 2015|access-date=14 December 2015}}

The Australian Federal Integrity Commission, a proposed body "responsible for the implementation of a national pro-integrity framework, with an emphasis on prevention",{{cite web |url=https://parlinfo.aph.gov.au/parlInfo/download/legislation/ems/r6597_ems_3893ae4e-9f75-430f-8f3d-d7cd3054f661/upload_pdf/20137EMHaines.pdf;fileType=application%2Fpdf |title=AUSTRALIAN FEDERAL INTEGRITY COMMISSION BILL 2020 EXPLANATORY MEMORANDUM and STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS |website=Parliament of Australia |access-date=9 November 2020}} has been described as a "federal ICAC".{{cite web |url=https://www.instagram.com/p/CHG6uvkDsTc/ |archive-url=https://ghostarchive.org/iarchive/s/instagram/CHG6uvkDsTc |archive-date=24 December 2021 |url-access=limited|title=After a 2 year delay Christian Porter has released a draft plan for Federal ICAC which wouldn't have the power to investigate the Badgerys Creek land deal. What's the point? |website=@australianlabor |publisher=Australian Labor Party |access-date=9 November 2020}}{{cbignore}}

Until 2017, the ICAC was led by a single commissioner, who served for a non-renewable term of five years. From 7 August 2017, this system was changed to a board comprising a chief commissioner and two part-time commissioners appointed for a term of five years.

The following individuals have been appointed as commissioner since the commission's establishment:

==High-profile cases==

• Australian Museum theft of over 2,000 zoological specimens{{cite web|url=https://www.caselaw.nsw.gov.au/decision/549f66473004262463a39ff6|title=R v Van Leeuwen|date=20 April 2007|website=Caselaw|publisher=New South Wales District Court}}{{cite web |title=Corruption Matters – Issue 22 |url=https://www.icac.nsw.gov.au/ |website=ICAC |page=1 |date=May 2003}}
• Gladys Berejiklian{{cite web |url=https://www.smh.com.au/national/nsw/independent-commission-against-corruption-announces-investigation-into-nsw-premier-20211001-p58we9.html |title=Independent Commission Against Corruption announces investigation into NSW Premier |work=The Sydney Morning Herald |date=1 October 2021 |access-date=30 October 2022}}{{cite news |url=https://www.abc.net.au/news/2021-10-01/icac-investigating-gladys-berejiklian-daryl-maguire/100506956 |title=Gladys Berejiklian being investigated by ICAC over relationship with former MP Daryl Maguire |publisher=ABC News |location=Australia |date=1 October 2021 |access-date=30 October 2022}}{{cite web|title=Further Operation Keppel public inquiry – Independent Commission Against Corruption|url=https://www.icac.nsw.gov.au/media-centre/media-releases/2021-media-releases/further-operation-keppel-public-inquiry|access-date=30 October 2022|website=icac.nsw.gov.au}}
• City of Botany Bay
• City of Canterbury
• City of Rockdale
• Nick Greiner{{cite book|url=http://www.icac.nsw.gov.au/dmdocuments/pub2_22i1.pdf|author=Independent Commission Against Corruption|date=19 June 1992|title=Report on Investigation into the Metherell Resignation and Appointment|publisher=Independent Commission Against Corruption |isbn=0-7305-9882-9|access-date=18 February 2012|archive-url=https://web.archive.org/web/20150924032443/http://www.icac.nsw.gov.au/dmdocuments/pub2_22i1.pdf|archive-date=24 September 2015|url-status=dead}} (p. 51){{Cite news |last=Brown |first=Kevin |title=Former NSW premier cleared |newspaper=Financial Times|location=London |pages=3 |publisher=The Financial Times Limited |date=22 August 1992 }}{{Cite conference |first=Sexton |last=Michael |title=ADMINISTRATIVE LAW: THE NEW SOUTH WALES LANDSCAPE |pages=33 |publisher=Australian Institute of Administrative Law |date=30 August 2006 |url=http://law.anu.edu.au/aial/Publications/webdocuments/Forums/SeriesThree2006.pdf#page=29 |url-status=dead |archive-url=https://web.archive.org/web/20110412005754/http://law.anu.edu.au/aial/Publications/webdocuments/Forums/SeriesThree2006.pdf#page=29 |archive-date=12 April 2011 }}{{Cite court |litigants=Greiner v ICAC |vol = 10 NSW 7 |reporter = Australian Current Law Reporter |opinion= |pinpoint= |court=Supreme Court, NSW, Court of Appeal |date=21 August 1992 |url= http://www.lexisnexis.com.ezproxy2.library.usyd.edu.au/au/legal/docview/getDocForCuiReq?lni=4FJF-5930-TWGN-802P&csi=267715&oc=00240&perma=true}}
• Nola Fraser{{cite press release | title =ICAC makes no findings of corrupt conduct in relation to the Hon. Craig Knowles MP | publisher =Independent Commission Against Corruption (ICAC) | date= 13 April 2005 | url =http://www.icac.nsw.gov.au/media-centre/media-releases/article/2600 | access-date =2 May 2014}}
• Ian Macdonald{{cite press release |title=ICAC finds corrupt conduct in relation to Doyles Creek coal exploration licence |date=30 August 2013 |publisher=Independent Commission Against Corruption |url=http://www.icac.nsw.gov.au/media-centre/media-releases/article/4398 |access-date=6 January 2014 |archive-url=https://web.archive.org/web/20140304044940/http://www.icac.nsw.gov.au/media-centre/media-releases/article/4398 |archive-date=4 March 2014 |url-status=dead }}{{cite news |url=http://www.smh.com.au/nsw/ian-macdonald-found-corrupt-by-icac-again-20130830-2surh.html |title=Ian Macdonald found corrupt by ICAC again |author1=Besser, Linton |author2=Nicholls, Sean |work=The Sydney Morning Herald |date=30 August 2013 |access-date=6 January 2014 }}
• Daryl Maguire{{cite web |url=https://www.icac.nsw.gov.au/investigations/current-investigations/2020/former-nsw-mp-for-wagga-wagga-operation-keppel/former-nsw-mp-for-wagga-wagga-allegations-concerning-breach-of-public-trust-to-improperly-gain-a-benefit-operation-keppel |title= Former NSW MP for Wagga Wagga – allegations concerning breach of public trust to improperly gain a benefit (Operation Keppel) |date=1 September 2020 |publisher=Independent Commission Against Corruption |access-date=14 October 2020 }}
• Eddie Obeid{{Cite news|url=http://www.abc.net.au/news/2016-12-15/eddie-obeid-why-everyone-is-talking-about-him/8120006|title=Eddie Obeid: The rise, reign and recession of NSW's most notorious political powerbroker|author1=Gerathy, Sarah|date=15 December 2016|publisher=ABC News |location=Australia|language=en-UK|access-date=15 December 2016}}{{cite news|title=Eddie Obeid, Ian Macdonald and Moses Obeid found guilty over rigged tender |url=https://www.smh.com.au/national/eddie-obeid-ian-macdonald-and-moses-obeid-found-guilty-over-rigged-tender-20210718-p58atd.html |access-date=19 July 2021 |work=The Sydney Morning Herald |date=19 July 2021 |author=McClymont, Kate |language=en-AU}}{{cite news|title=Eddie Obied, Ian Macdonald, Moses Obeid found guilty of mine licence conspiracy |url=https://www.abc.net.au/news/2021-07-19/obeid-macdonald-found-guilty-of-mine-licence-conspiracy/100303688 |access-date=19 July 2021 |publisher=ABC News|location=Australia |date=19 July 2021 |language=en-AU}}{{cite news |url=https://www.theguardian.com/australia-news/2021/jul/19/former-nsw-labor-ministers-eddie-obeid-and-ian-macdonald-found-guilty-of-corruption-charges |title=Former NSW Labor ministers Eddie Obeid and Ian Macdonald found guilty of corruption charges |author=Davies, Anne |work=Guardian Australia |date=19 July 2021 |access-date=19 July 2021 }}
• Orange Grove affair{{cite web | title =Report on investigation into planning decisions relating to the Orange Grove Centre (Operations Sirius) | publisher= ICAC| author =Independent Commission Against Corruption| author-link =Independent Commission Against Corruption of New South Wales| date =August 2005 | url =http://www.icac.nsw.gov.au/investigations/past-investigations/investigationdetail/31| archive-url=https://web.archive.org/web/20110312004243/http://www.icac.nsw.gov.au/investigations/past-investigations/investigationdetail/31|archive-date=12 March 2011 | access-date =12 February 2010}}
• Karyn Paluzzano{{cite news | title=Charges recommended against ex-MP Paluzzano |url=http://www.abc.net.au/news/stories/2010/07/13/2952461.htm |archive-url=https://web.archive.org/web/20100716173057/http://www.abc.net.au/news/stories/2010/07/13/2952461.htm |url-status=dead |archive-date=16 July 2010 | publisher=ABC News |location=Australia |date=13 July 2010 |access-date=13 July 2010}}{{cite news |title=NSW MP could face prosecution |url=http://www.smh.com.au/nsw/nsw-mp-could-face-prosecution-20100713-108zg.html?autostart=1 |work=The Sydney Morning Herald | date=13 July 2010 | access-date=13 July 2010| first=Brian| last=Robins}}
• Eman Sharobeem{{cite web|date=19 September 2018|url=http://mobile.abc.net.au/news/2018-09-19/icac-rules-sharobeem-stole-charity-cash-and-spent-it-on-herself/10281360|title=ICAC rules Australian of the Year finalist stole $750,000 from charities |publisher=ABC News|location=Australia }}
• Rear Admiral Geoffrey Smith{{cite web|title=Sydney Ferries – misuse of corporate credit cards (Operation Argyle)|url=http://www.icac.nsw.gov.au/investigations/past-investigations/investigationdetail/157|publisher=Independent Commission Against Corruption|access-date=25 November 2015|archive-date=3 March 2016|archive-url=https://web.archive.org/web/20160303222424/http://www.icac.nsw.gov.au/investigations/past-investigations/investigationdetail/157|url-status=dead}}

{{Portal|New South Wales|Politics}}

• Crime in Sydney
• Independent Broad-based Anti-corruption Commission
• Independent Commissioner Against Corruption (Northern Territory)
• Independent Commission Against Corruption (South Australia)
• Royal Commission into the New South Wales Police Service

{{Reflist}}

• [http://www.icac.nsw.gov.au ICAC web site]
• [http://www.icac.nsw.gov.au/index.cfm?objectid=EBE7410F-92E1-31B6-22B0EF7FD8F4BE6D ICAC Act second reading speech]

{{Law enforcement in Australia}}

{{New South Wales Government Departments}}

{{Authority control}}

Category:Law enforcement in New South Wales

Category:Government agencies of New South Wales

Category:1989 establishments in Australia

Category:New South Wales courts and tribunals

Category:Government agencies established in 1988

Category:Specialist law enforcement agencies of Australia

Category:Anti-corruption agencies in Australia