Independent Commission Against Corruption (New South Wales)

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Independent Commission Against Corruption
ICAC NSW Logo.svg
AbbreviationICAC
Agency overview
Formed1988
Annual budgetA$25 million (2012-2013)
Jurisdictional structure
Operations jurisdictionNew South Wales, Australia
Legal jurisdictionAs per operations jurisdiction
Governing body Government of New South Wales
Constituting instrument
HeadquartersLevel 7, 255 Elizabeth Street, Sydney, New South Wales, Australia

Elected officer responsible
Agency executive
Website
www.icac.nsw.gov.au
The ICAC's mission is to minimise corrupt activities and enhance the integrity of the public administration in the state of New South Wales

The Independent Commission Against Corruption (ICAC), an independent agency of the Government of New South Wales, is responsible for eliminating and investigating corrupt activities and enhancing the integrity of the public administration in the state of New South Wales, Australia. The Commission was established in 1989, pursuant to the Independent Commission Against Corruption Act, 1988 (NSW), [1] modeled after the ICAC in Hong Kong. [2]

A government or state agency, sometimes an appointed commission, is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an intelligence agency. There is a notable variety of agency types. Although usage differs, a government agency is normally distinct both from a department or ministry, and other types of public body established by government. The functions of an agency are normally executive in character, since different types of organizations are most often constituted in an advisory role—this distinction is often blurred in practice however.

Government of New South Wales state government of New South Wales, Australia

The Government of New South Wales, also referred to as the New South Wales Government or NSW Government, is the Australian state democratic administrative authority of New South Wales. It is currently held by a coalition of the Liberal Party and the National Party. The Government of New South Wales, a parliamentary constitutional monarchy, was formed in 1856 as prescribed in its Constitution, as amended from time to time. Since the Federation of Australia in 1901, New South Wales has been a state of the Commonwealth of Australia, and the Constitution of Australia regulates its relationship with the Commonwealth. Under the Australian Constitution, New South Wales ceded legislative and judicial supremacy to the Commonwealth, but retained powers in all matters not in conflict with the Commonwealth.

Public administration public leadership of public affairs directly responsible for executive action

Public administration is the implementation of government policy and also an academic discipline that studies this implementation and prepares civil servants for working in the public service. As a "field of inquiry with a diverse scope" whose fundamental goal is to "advance management and policies so that government can function". Some of the various definitions which have been offered for the term are: "the management of public programs"; the "translation of politics into the reality that citizens see every day"; and "the study of government decision making, the analysis of the policies themselves, the various inputs that have produced them, and the inputs necessary to produce alternative policies."

Contents

It is led by a Chief Commissioner appointed for a fixed five-year term; and two part-time Commissioners. Former NSW Premier Mike Baird suggested in November 2016 his desire to move from a sole Commissioner to a three-commissioner system, however this was strongly criticised by two former ICAC commissioners as weakening and politicising the organisation, leading to the resignation of then-Commissioner Megan Latham. [3] On 21 April 2017, former Supreme Court judge Peter Hall QC was appointed as the Chief Commissioner. Two part-time Commissioners were appointed with effect from 7 August 2017.

Mike Baird New South Wales politician and premier

Michael Bruce Baird is an Australian investment banker and former politician who was the 44th Premier of New South Wales, the Minister for Infrastructure, the Minister for Western Sydney, and the Leader of the New South Wales Liberal Party from April 2014 to January 2017.

Queens Counsel jurist appointed by letters patent

A Queen's Counsel, or King's Counsel during the reign of a king, is an eminent lawyer who is appointed by the monarch to be one of "Her Majesty's Counsel learned in the law." The term is recognised as an honorific. The position exists in some Commonwealth jurisdictions around the world, but other Commonwealth countries have either abolished the position, or re-named it to eliminate monarchical connotations, such as "Senior Counsel" or "Senior Advocate". Queen's Counsel is an office, conferred by the Crown, that is recognised by courts. Members have the privilege of sitting within the bar of court.

The Chief Commissioner is required to submit a report on the activities of the Commission to the Parliament of New South Wales and whilst independent of the politics of government, reports informally to the Premier of New South Wales. The commission is charged with educating public authorities, officials and members of the public about corruption. [4]

Parliament of New South Wales legislative body in the Australian state of New South Wales

The Parliament of New South Wales, located in Parliament House on Macquarie Street, Sydney, is the main legislative body in the Australian state of New South Wales (NSW). It is a bicameral parliament elected by the people of the state in general elections. The parliament shares law making powers with the Australian Federal Parliament. It is Australia's oldest legislature. The New South Wales Parliament follows the Westminster parliamentary traditions of dress, Green–Red chamber colours and protocol.

Premier of New South Wales head of government for the state of New South Wales, Australia

The Premier of New South Wales is the head of government in the state of New South Wales, Australia. The Government of New South Wales follows the Westminster system, with a Parliament of New South Wales acting as the legislature. The Premier is appointed by the Governor of New South Wales, and by modern convention holds office by virtue of his or her ability to command the support of a majority of members of the lower house of Parliament, the Legislative Assembly.

Inspector

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. [5] 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.

Structure and operation

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. [6] 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. [4] 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. [4] 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.

Governor of New South Wales vice-regal representative of the Australian monarch in New South Wales

The Governor of New South Wales is the viceregal representative of the Australian monarch, Queen Elizabeth II, in the state of New South Wales. In an analogous way to the Governor-General of Australia at the national level, the Governors of the Australian states perform constitutional and ceremonial functions at the state level. The governor is appointed by the queen on the advice of the premier of New South Wales, for an unfixed period of time—known as serving At Her Majesty's pleasure—though five years is the norm. The current governor is retired General David Hurley, who succeeded Dame Marie Bashir on 2 October 2014.

The New South Wales Office of the Director of Public Prosecutions (ODPP) is an independent prosecuting service and government agency within the portfolio of the Attorney General of New South Wales. Of all prosecuting services in Australia, the ODPP has the largest caseload, staff, and budget.

There are only limited controls on admissible evidence, [1] 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. [1] 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. [1] 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. [1] 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. [1]

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. [1] 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. [7]

Development

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: [8]

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.

History

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. [9]

In 2008, the ICAC documented entrenched corruption within RailCorp. [10] A range of offences were investigated, involving staff at many levels, and A$19 million was found to have been improperly allocated. [10]

The ICAC began focusing on ministerial level corruption from 2010. [11] 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. [12]

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. [13]

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. [14] However, Premier Mike Baird required him to resign. [15]

On 15 April 2015 in a 4:1 majority ruling in relation to an ICAC investigation into alleged conduct of Margaret Cunneen SC , the High Court of Australia found that the ICAC had exceeded its authority based on a misinterpretation of "corrupt conduct" in the Act. [16] 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. [17] 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. [18] [19] 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. [20] [21]

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. [22] The Cunneen decision, while not affecting that legislation itself, [23] 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 respectively, so as to legalise its earlier actions as well as current investigations. [24] However, the Inspector of the ICAC, former Supreme Court judge David Levine 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". [25] 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." [26] Former ICAC Commissioner David Ipp, although criticising the Cunneen investigation, [27] strongly supported retrospective legislation to restore the ICAC's general powers. [28]

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; [29] the amendments were brought into effect immediately. The Independent Commission Against Corruption Amendment (Validation) Act 2015 (NSW) [30] 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 federal chief justice Murray Gleeson and to report by 10 July. [31]

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. [32] The number of earlier investigations affected has been estimated at between eight and at least 50. [33]

Duncan challenged the 2015 amendment act, [34] 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. [35] [36]

Following an ICAC investigation the former police minister Mike Gallacher, lost his job, friends, suffered damage to his reputation and felt deprived of procedural fairness. ICAC ultimately did not proceed with corruption charges. [37]

Support and criticism

While the ICAC has received support from some sections of the media, [38] [39] it received substantial criticism in the wake of the Greiner and O'Farrell resignations. [40] [41] [42] [43] [44] 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. [45] 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". [46] Professor Peter van Onselen also questioned the "Star Chamber" nature of the Commission and its history of "besmirching reputations". [47] Former Victorian Premier Jeff Kennett suggested that the ICAC's actions with regard to O'Farrell had been "entrapment", [48] 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. [42] Nick Di Girolamo, a witness before the ICAC in proceedings that led to the resignation of O'Farrell, lodged a compliant in 2014 with the NSW Bar Association about Watson's behaviour during the hearings. [49] The Cunneen investigation was criticised, in the light of the eventual High Court decision, as having been heavy-handed from the start. [50] [51]

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. [52] Likewise, Australian Greens Senator Lee Rhiannon renewed the Greens' long-standing call for a national equivalent to ICAC. [53] 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. [4] 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. [54]

At mid-December 2015, disputes continue. [55] [56]

Commissioners

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:

OrderCommissionerTerm startTerm endTerm in officeNotes
1 Ian Temby QC 13 March 198912 March 19944 years, 364 days
2The Honourable Barry O'Keefe AM QC 14 November 199413 November 19994 years, 364 days
3 Irene Moss AO 14 November 199913 November 20044 years, 365 days
4The Honourable Jerrold Cripps QC 14 November 200413 November 20094 years, 364 days
5The Honourable David Ipp AO QC 16 November 200924 January 20144 years, 69 days [57]
6The Honourable Megan Latham 28 January 201430 November 20162 years, 307 days [58] [59]
The Honourable Reg Blanch QC (Acting)30 November 20167 August 2017250 days [60]
OrderChief CommissionerTerm startTerm endTerm in officeNotes
7The Honourable Peter Hall QC 7 August 2017Incumbent
(Expires 6 August 2022)
1 year, 105 days [60]

Part-time Commissioners

CommissionerTerm startTerm endTerm in officeNotes
Patricia McDonald SC 7 August 2017Incumbent
(Expires 6 August 2022)
1 year, 105 days
Stephen Rushton SC 7 August 2017Incumbent
(Expires 6 August 2022)
1 year, 105 days

High-profile cases

See also

Related Research Articles

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References

  1. 1 2 3 4 5 6 7 "NSW Legislation". nsw.gov.au.
  2. Spicer, David (2016-11-16). "What is ICAC and why is everyone talking about it?". ABC News. Retrieved 2018-06-15.
  3. "Former anti-corruption commissioners attack 'scandalous' overhaul plan". ABC News . 16 November 2016. Retrieved 4 June 2017.
  4. 1 2 3 4 Whitbourn, Michaela (19 April 2014). "ICAC under threat of being silenced". WAtoday. Fairfax Media. Retrieved 19 April 2014.
  5. "The Inspector of the Independent Commission Against Corruption". Office of the Inspector of the Independent Commission Against Corruption. Government of New South Wales . Retrieved 14 April 2016.
  6. But not now police: since 1996 the NSW Police Force has been subject to the Police Integrity Commission.
  7. "NSW Government's Independent Commission Against Corruption Overhaul Passes Parliament". TimeBase. 17 November 2016. Retrieved 23 November 2016.
  8. Greiner, Nick (26 May 1988). "Independent Commission Against Corruption Bill" (PDF). Hansard . Parliament of New South Wales. p. 673. Retrieved 23 January 2014.
  9. Snow, Deborah (16 April 2014). "Ghosts of past misdeeds lurk behind a career cut short". The Sydney Morning Herald. Retrieved 18 April 2014.
  10. 1 2 Graycar, Adam; Prenzler, Tim (2013). Understanding and Preventing Corruption. Palgrave Macmillan. p. 16. ISBN   1137335092 . Retrieved 17 April 2014.
  11. Dempster, Quentin (17 April 2014). "The star chamber that took down a premier". The Drum. Australian Broadcasting Corporation. Retrieved 17 April 2014.
  12. "ICAC recommends legislative changes to better manage lobbying". Media Release. Independent Commission Against Corruption. 10 November 2010. Retrieved 11 April 2014.
  13. Grattan, Michelle (16 April 2014). "Barry O'Farrell quits as NSW Premier over ICAC 'memory fail'". The Conversation. Retrieved 17 April 2014.
  14. Whitbourn, Michaela; McClymont, Kate (2 May 2014). "Police Minister Mike Gallacher steps down after ICAC hears he was involved in 'corrupt scheme' with Nathan Tinkler". The Sydney Morning Herald. Retrieved 2 May 2014.
  15. Howden, Saffron (2 May 2014). "Mike Gallacher had to resign over ICAC claim, Mike Baird says". The Sydney Morning Herald. Retrieved 2 May 2014.
  16. "Independent Commission Against Corruption v Cunneen[2015] HCA 14". AustLII . Retrieved 17 April 2015.
  17. "Independent Commission Against Corruption v Cunneen[2015] HCA 14". AustLII . Retrieved 17 April 2015.
  18. Whitbourn, Michaela (16 April 2015). "High Court rejects ICAC's bid to investigate Crown prosecutor Margaret Cunneen". The Sydney Morning Herald. Fairfax Media. Retrieved 17 April 2015.
  19. Whitbourn, Michaela (16 April 2015). "Crown prosecutor Margaret Cunneen clips ICAC's wings". The Sydney Morning Herald. Fairfax Media. Retrieved 17 April 2015.
  20. NSW Solicitor General (24 July 2015). "Statement from NSW Solicitor General regarding a referral from the Independent Commission Against Corruption". Sydney: NSW Department of Justice. Retrieved 25 July 2015.
  21. Whitbourn, Michaela; Nicholls, Sean (25 July 2015). "Margaret Cunneen will not be prosecuted over ICAC evidence, Solicitor-General advises". The Sydney Morning Herald . Retrieved 25 July 2015.
  22. "Duncan v NSW[2015] HCA 13". AustLII . Retrieved 17 April 2015.
  23. Mining Act 1992 (NSW), Schedule 6A "Cancellation of certain authorities", inserted by Mining Amendment (ICAC Operations Jasper and Acacia) Act 2014 (NSW).
  24. Whitbourn, Michaela (21 April 2015). "ICAC calls on state government to act quickly to amend Act following Margaret Cunneen decision". The Sydney Morning Herald. Retrieved 26 April 2015.
  25. Whitbourn, Michaela (20 April 2015). "ICAC Inspector David Levine slams watchdog and urges Baird government not to change act". The Sydney Morning Herald. Retrieved 26 April 2015.
  26. Nicholls, Sean; Whitbourn, Michaela (25 April 2015). "Premier Mike Baird vows to fix ICAC to ensure corruption charges stick". The Sydney Morning Herald. Retrieved 25 April 2015.
  27. Clennell, Andrew (24 April 2015). "Former ICAC head David Ipp critical of decision to pursue Margaret Cunneen". The Daily Telegraph (Sydney). Retrieved 29 April 2015.
  28. Ipp, David (27 April 2015). "Why ICAC powers to investigate corruption must be restored". The Sydney Morning Herald. Retrieved 29 April 2015.
  29. Whitbourn, Michaela (6 May 2015). "New bill to validate ICAC findings rushed through state parliament". The Sydney Morning Herald. Retrieved 8 May 2015.
  30. Independent Commission Against Corruption Amendment (Validation) Act 2015 (NSW)
  31. Nicholls, Sean; Whitbourn, Michaela (5 May 2015). "ICAC's future to be decided by landmark review". The Sydney Morning Herald. Retrieved 8 May 2015.
  32. Nicholls, Sean; Whitbourn, Michaela (23 April 2015). "ICAC findings against Travers Duncan and others to be overturned". The Sydney Morning Herald. Retrieved 24 April 2015.
  33. Whitbourn, Michaela (26 April 2015). "At least 50 ICAC findings in doubt following High Court Cunneen ruling". The Sydney Morning Herald. Retrieved 27 April 2015.
  34. Whitbourn, Michaela (8 May 2015). "ICAC findings: Travers Duncan and associates in constitutional challenge". The Sydney Morning Herald. Retrieved 8 May 2015.
  35. Whitbourn, Michaela (10 September 2015). "High Court rejects bid by mining mogul Travers Duncan to overturn laws passed to bolster ICAC's powers". The Sydney Morning Herald. Retrieved 10 September 2015.
  36. Duncan v Independent Commission Against Corruption [2015] HCA 32, in AustLII.
  37. The Australian, 31 August 2016, page 11
  38. Ackland, Richard (16 April 2014). "ICAC architect Gary Sturgess should be a household name". The Sydney Morning Herald. Retrieved 18 April 2014.
  39. McClymont, Kate (17 April 2014). "Was ICAC or O'Farrell wrong? McClymont vs Henderson". The Age (from ABC Lateline). Retrieved 18 April 2014.
  40. Hartcher, Peter (16 April 2014). "Barry O'Farrell takes the fall but ICAC cops the heat". The Age. Retrieved 18 April 2014.
  41. Van Onselen, Peter (17 April 2014). "Another victim of a commission out of control". The Australian. Retrieved 18 April 2014.
  42. 1 2 Merritt, Chris (17 April 2014). "The wrong man has resigned". The Australian. Retrieved 18 April 2014.
  43. Loane, Sally (29 April 1994). "ICAC Laws blot on NSW". The Sydney Morning Herald. Retrieved 18 April 2014.
  44. Moore, Matthew; Norington, Brad (21 August 1992). "ICAC in the hot seat". The Sydney Morning Herald. Retrieved 18 April 2014.
  45. Richardson, Graham (2 August 2013). "Labor Party drowning in guilt by association thanks to ICAC findings". The Australian . Retrieved 4 May 2014.
  46. Ferguson, Sally (17 April 2014). "Mike Baird elected NSW premier after Barry O'Farrell resigns". Australian Broadcasting Corporation. Retrieved 17 April 2014.
  47. Van Onselen, Peter (22 March 2014). "Modern star chamber must be brought to account". The Australian. Retrieved 18 April 2014.
  48. Hatch, Patrick (17 April 2014). "O'Farrell fall was entrapment, says Kennett". The Age .
  49. Massoud, Josh (10 August 2014). "Nick Di Girolamo: 'How I'm hitting back at the ICAC'". Sunday Telegraph. Australia. Retrieved 12 August 2014.
  50. Glegg, Louise (16 April 2015). "Important questions remain unanswered in Margaret Cunneen case". The Sydney Morning Herald. Retrieved 17 April 2015.
  51. Dempster, Quentin (17 April 2015). "Cunneen ruling: High Court created a hair, then split it". The Sydney Morning Herald. Retrieved 17 April 2015.
  52. "ICAC's strengths put forward convincing case for federal equivalent". The Sydney Morning Herald. 17 April 2014. Retrieved 19 April 2014.
  53. Rhiannon, Lee (17 April 2014). "It's high time for a national corruption commission". The Guardian (Australian edition). Retrieved 21 April 2014.
  54. Hawker, Bruce (22 April 2014). "The Coalition whinging about Icac is nothing new". The Guardian (Australian edition). Retrieved 22 April 2014.
  55. Milbourn, Michaela; McClymont, Kate (12 December 2015). "Car crash and fake boobs make Margaret Cunneen's battle with ICAC great fodder for Sydney shock jocks". Sydney Morning Herald. Retrieved 12 December 2015.
  56. Milbourn, Michaela (14 December 2015). "Former ICAC inspector slams 'flawed' report on Cunneen inquiry". Sydney Morning Herald. Retrieved 14 December 2015.
  57. Nicholls, Sean; Whitbourn, Michaela (24 October 2013). "ICAC commissioner David Ipp announces retirement". The Sydney Morning Herald. Retrieved 23 January 2013.
  58. Hemsley, Paul (4 November 2013). "NSW officially names Justice Megan Latham as new ICAC". GovernmentNews.com.au. The Intermedia Group. Archived from the original on 20 January 2014. Retrieved 23 January 2014.
  59. "ICAC commissioner Megan Latham resigns". ABC News. Australian Broadcasting Corporation. 23 November 2016. Retrieved 23 November 2016.
  60. 1 2 Norington, Brad (20 April 2017). "Peter Hall QC named as revamped ICAC's new chief commissioner". The Australian. Retrieved 11 July 2018.
  61. Independent Commission Against Corruption (19 June 1992). Report on Investigation into the Metherell Resignation and Appointment (PDF). ISBN   0-7305-9882-9 . Retrieved 18 February 2012. (p. 51)
  62. Brown, Kevin (22 August 1992). "Former NSW premier cleared". The Financial Times . London: The Financial Times Limited. p. 3.
  63. Michael, Sexton (30 August 2006). ADMINISTRATIVE LAW: THE NEW SOUTH WALES LANDSCAPE (PDF). Australian Institute of Administrative Law. p. 33. Archived from the original (PDF) on 12 April 2011.
  64. Greiner v ICAC, 10 NSW 7Australian Current Law Reporter (Supreme Court, NSW, Court of Appeal21 Aug 1992).
  65. "ICAC makes no findings of corrupt conduct in relation to the Hon. Craig Knowles MP" (Press release). Independent Commission Against Corruption (ICAC). 13 April 2005. Retrieved 2 May 2014.
  66. Independent Commission Against Corruption (August 2005). "Report on investigation into planning decisions relating to the Orange Grove Centre (Operations Sirius)". ICAC. Archived from the original (pdf) on 12 March 2011. Retrieved 12 February 2010.
  67. "Charges recommended against ex-MP Paluzzano". ABC News. Australia. 13 July 2010. Retrieved 13 July 2010.
  68. Robins, Brian (13 July 2010). "NSW MP could face prosecution". The Sydney Morning Herald. Retrieved 13 July 2010.
  69. Gerathy, Sarah (15 December 2016). "Eddie Obeid: The rise, reign and recession of NSW's most notorious political powerbroker". ABC News. Australia. Retrieved 2016-12-15.
  70. "ICAC finds corrupt conduct in relation to Doyles Creek coal exploration licence" (Press release). Independent Commission Against Corruption. 30 August 2013. Retrieved 6 January 2014.
  71. Besser, Linton; Nicholls, Sean (30 August 2013). "Ian Macdonald found corrupt by ICAC again". The Sydney Morning Herald . Retrieved 6 January 2014.
  72. "ICAC rules Australian of the Year finalist stole $750,000 from charities". ABC News . Australia. 19 September 2018.
  73. "Sydney Ferries – misuse of corporate credit cards (Operation Argyle)". Independent Commission Against Corruption. Retrieved 25 November 2015.