NT Introduces Bill To Establish Independent Commissioner Against Corruption
Monday 28 August 2017 @ 10.33 a.m. | Judiciary, Legal Profession & Procedure | Legal Research
The Northern Territory Government has introduced the Independent Commissioner Against Corruption Bill 2017 into Parliament. The Bill would establish an Independent Commissioner Against Corruption (“ICAC”) for the Northern Territory, following recommendations set out in Commissioner Brian Martin’s Anti‑Corruption, Integrity and Misconduct Commission Inquiry. The Bill was introduced on 23 August 2017 and is currently being considered by the Legislative Assembly.
In a media release, Attorney-General and Minister for Justice Natasha Fyles said:
"This is a significant step towards delivering an ICAC to rebuild trust in government – something the CLP failed to do… Trust in government was seriously eroded over four years of chaos under the former CLP government. The Territory Labor Government promised Territorians to rebuild trust in government by creating an ICAC and we are delivering.”
The introduction of the Bill follows an exposure draft and consultation process that began in June 2017. See TimeBase’s earlier article for detailed information on the draft bill and the public consultation process.
According to the media release, the NT Government expect the ICAC to be operational by the first half of 2018.
NT ICAC To Have “Extensive Powers”
In the press release, Minister Fyles said that the ICAC would have “extensive powers to search, seize, and compel evidence, as recommended in the Martin Report… Even prior to commencing an investigation, the ICAC may make preliminary inquiries and conduct random audits and reviews of public bodies.”
The ICAC will also have retrospective powers and may self-refer matters to be investigated.
The media release lists the following “coercive” powers the ICAC will have once it has enough evidence to commence an investigation:
- inspect financial records of banks and other financial institutions without a warrant;
- require a person to attend at a location, answer questions, and to produce documents or other things;
- enter and search public premises without a warrant;
- enter and search private premises if a warrant is granted;
- seize and retain evidence located during searches; and
- issue directions to public bodies to do or refrain from doing something in order to avoid obstructing an investigation, or to protect a whistleblower.
The ICAC will not replace the majority of existing and specialist investigatory bodies such as the Ombudsman and Police, the Children’s Commissioner or the Anti-Discrimination Commission, but will replace the Commissioner for Public Interest Disclosures, with the Bill set to repeal the Public Interest Disclosure Act (NT).
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Sources:
Independent Commissioner Against Corruption Bill 2017 (NT) - available from TimeBase's LawOne service
