Draft Legislation Released for NT ICAC Bill

On 28 June 2017, the NT Attorney-General and Minister for Justice, Natasha Fyles, announced the release of draft legislation for a Bill to establish an Independent Commissioner Against Corruption, to provide for the protection of whistleblowers, to repeal the Public Interest Disclosure Act (NT), and for related purposes.

Background to the Bill

After the Anti-Corruption, Integrity and Misconduct Commission Inquiry ( Martin Report), delivered on 27 May 2016, this Bill is a step towards implementing in principle 50 of the 52 Recommendations of the Martin Report.

According to the draft Explanatory Notes, the Bill will do the following, if enacted:

Public Interest Disclosure Act to be repealed:

The Bill repeals the Public Interest Disclosure Act, and the ICAC replaces the Commissioner for Public Interest Disclosures (‘Commissioner for PID’). The ICAC will take over the Commissioner for PID’s ongoing investigations and whistleblower protection functions when the legislation commences.

ICAC will have broad jurisdiction and extensive powers:

The ICAC created by the Bill is an independent statutory office holder, but has broader jurisdiction and more extensive powers than the Commissioner for PID. Notably, the ICAC can investigate any public officer, including Members of the Legislative Assembly, and can do so of its own motion. In addition to the extensive powers it has to obtain information from public bodies, the ICAC can apply for warrants to search private premises. Consequential amendments to other legislation will make it possible for the ICAC to install surveillance devices, intercept telecommunications activities, and conduct covert operations.

Bill provides for voluntary and mandatory reporting, and whistleblower protection:

In order to ensure that the ICAC is able to obtain the information it needs to function effectively, the Bill provides that public officers are required to report corrupt conduct to the ICAC. The Bill also provides extensive protection to persons who report information about improper conduct. These protections include the protections currently available to whistleblowers under the Public Interest Disclosure Act, but include some additional measures to assist in the flexibility and workability of these mechanisms. In particular, the ICAC now has a power to direct public bodies to take action to protect a whistleblower, and a whistleblower who suffers an act of reprisal can now commence an action knowing that costs can only be awarded against them if the action was vexatious or without reasonable cause. The Bill makes clear that a person who reports information to the ICAC in good faith, believing it to be a report about improper conduct, is a person who acquires protection under the scheme.

Oversight of the ICAC

Oversight of the ICAC is provided by the Inspector, who has the ability to receive complaints about the ICAC, review the ICAC’s records, and requires the ICAC or staff of the ICAC to answer questions. If the Inspector has reason to believe the ICAC or the ICAC’s staff have been involved in improper conduct, the Act provides that a person with the powers of the ICAC can be appointed as a concurrent Acting ICAC investigate particular allegations. 

Goals of the Draft Legislation

According to the Media Release, goals of the draft legislation include:

Final submissions must be submitted online before 26 July 2017.

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NT Media Release - 28 June 2017

ICAC Draft Legislation Website