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On 19 March 2024, the Independent Commission Against Corruption
Amendment Bill 2024 (Bill) was passed by both
houses of Parliament. The Bill amends the Independent Commission
Against Corruption Act 1988 (Act).
Changes
The Bill has introduced several amendments relating to:
- the obligation of secrecy on those carrying out the
Commission’s functions - whom recommendations must be given (and whom must respond)
- establishing a procedure, where there is a recommendation for a
House or both Houses of Parliament to take action to inform the
Presiding Officer.
Obligation of secrecy – section 111
The changes to section 111 allow, where a direction is given to
allow a person to divulge information, that the direction may
specify that the person can make a record of the information or
communicate it to another person and specify conditions or
restrictions which apply (section 111(4A)). If such a direction is
made, this limits the pass through provision to employees, which
otherwise applies under subsection 5 (section 111(5A)).
Recommendations and responses – section 111E
The changes to section 111E affect the provision of
recommendations to take action to reduce the likelihood of corrupt
conduct. The recommendations are now required to be given to a
relevant public authority or official, where that expression is
defined as a public authority or a Minister of the Crown
(subsection 4).
The previous expression public authority did not include a
Minister of the Crown, the Parliament or its Presiding Officers and
committees.
Where the relevant public authority or official is a public
authority, the recommendation must also go to the Minister for the
relevant public authority or official (subsection 1). The relevant
public authority or official must make the implementation election
(subsection 2) and provide the implementation report (subsection
3).
Informing the House(s) – section 111F
The changes to section 111F of the Act establishes a requirement
for the Commission to provide a copy of recommendations to the
Presiding Officer of one or both House’s (sub section 1) where
there is a recommendation for a House or both Houses of Parliament
to take action to reduce the likelihood of corrupt conduct.
The Presiding Officer must informtheir House of Parliament of
the received recommendation and their proposed response (sub
section 2). Subsections (3) and (4) allow for referral of
recommendation to a relevant parliamentary committee which must
report back to the relevant House.
The amendments to section 111E and the introduction of section
111F arise from the Commission’s recommendations in Operation
Keppel.
Importance of the amendments
The
second reading speech highlights the need for the Commission to
retain the flexibility needed to promote effective operation,
including by imposition of appropriate and adapted secrecy
provisions.
In expanding the definition of public authority, the Bill
addresses a gap which expands the Commission’s powers to direct
recommendations to the appropriate body.
The changes affecting the Houses ensure that law makers are
informed and are required to respond as would be expected by the
wider community.
This publication does not deal with every important topic or
change in law and is not intended to be relied upon as a substitute
for legal or other advice that may be relevant to the reader’s
specific circumstances. If you have found this publication of
interest and would like to know more or wish to obtain legal advice
relevant to your circumstances please contact one of the named
individuals listed.
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