find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Insurance Lawyer (3-5 PAE)
Category: Insurance and Superannuation Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Dynamic organisation ·
View details
Legal Counsel
Category: Corporate and Commercial Law | Location: North Sydney NSW 2060
· 18 month fixed term contract · 3-5 years PQE with TMT exposure
View details
ICAC powers limited to 'serious corruption': Baird

ICAC powers limited to 'serious corruption': Baird

Mike Baird Premier New South Wales

The NSW Independent Commission Against Corruption has won back some power to investigate non-public officials, though only in cases of "serious corrupt conduct".

Premier Mike Baird indicated his government planned to adopt all recommendations in the review handed down by former High Court chief justice Murray Gleeson and barrister Bruce McClintock SC.

The review was prompted by a High Court challenge brought by deputy crown prosecutor Margaret Cunneen which narrowed ICAC’s jurisdiction.

In the final report, Mr McClintock and Justice Gleeson appear to support the High Court in its reasoning on the Cunneen case.

The review recommended ICAC’s power may only be exercised in “the case of serious corrupt conduct”, limiting its application.

However, it also recommended expanding ICAC's scope “beyond that as defined in Cunneen by taking a fresh approach to the identification of that kind of corrupt conduct that does not involve wrongdoing on the part of a public official”.

“This approach could be based on the concept of conduct that undermines or could undermine confidence in public administration,” the review stated.

However, the review laid down specific circumstances where "corrupt behaviour" could be alleged, such as collusive tendering, fraud in relation to licence applications, dishonestly obtaining payment from public fund or assets, defrauding revenue or fraudulently obtaining employment as a public official.

On the other hand, the review proposed expanding ICAC oversight over serious breaches of electoral and lobbying laws.

Speaking at a press conference on Tuesday morning, Premier Baird endorsed all the recommendations.

“I think the important point about today is we want ICAC to get cracking,” Premier Baird said.

“We want them to continue to hunt down serious and systemic corruption in this state and we will continue to have zero tolerance to corruption in NSW.”

Following the Cunneen verdict, ICAC signalled its intention to hold off on reports on Operations Credo and Spicer until the review was released.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

ICAC powers limited to 'serious corruption': Baird
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
LCA president Fiona McLeod SC
Aug 17 2017
Where social fault lines meet the justice gap in Aus
After just returning from a tour of the Northern Territory, LCA president Fiona McLeod SC speaks wit...
Marriage equality flag
Aug 17 2017
ALHR backs High Court challenge to marriage equality postal vote
Australian Lawyers for Human Rights (ALHR) has voiced its support for a constitutional challenge to ...
Give advice
Aug 17 2017
A-G issues advice on judiciary’s public presence
Commonwealth Attorney-General George Brandis QC has offered his advice on the public presence of jud...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...