New South Wales Independent Commission Against Corruption
Encyclopedia
The Independent Commission Against Corruption (ICAC) is an independent agency of the Government of New South Wales
with responsibility for investigating corrupt practices by state and local officials in the state of New South Wales
. The ICAC was established in 1988 by then premier Nick Greiner
.
The organisation is typically referred to by its initials, as in "the I-C-A-C", or simply as "ikak".
and local government in New South Wales. This extends to parliamentarians, local councillors, the Governor of New South Wales, public servants, police and staff of universities and state-owned corporations.
Anyone can refer matters to the commission.
The commission has the coercive powers of a Royal Commission
and can compel witnesses to testify. Where the ICAC rules that an official has acted corruptly, the charges are referred to the criminal justice system for trial.
The ICAC is led by a single commissioner, who, though the agency belongs within the New South Wales Premier's Department
, reports directly to the presiding officers of the Parliament of New South Wales
. The commissioner serves a single five-year term and cannot be dismissed except by the Governor.
administrations in New South Wales, Victoria and Western Australia, the Liberal Party
government in Tasmania and the National Party
administration in Queensland.
In 1988, Greiner, a Liberal, ran against Labor in New South Wales on an anti-corruption platform and won. Introducing legislation to establish the ICAC, Grenier told Parliament that
and Unsworth
governments. No charges were recommended by the commission.
In 1992, the ICAC ruled that Greiner offer of a government job to former minister Terry Metherell
was an act of 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 not support his leadership. Greiner resigned and was replaced by John Fahey
.
Government of New South Wales
The form of the Government of New South Wales is prescribed in its Constitution, which dates from 1856, although it has been amended many times since then...
with responsibility for investigating corrupt practices by state and local officials in the state of New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
. The ICAC was established in 1988 by then premier Nick Greiner
Nick Greiner
Nicholas "Nick" Frank Hugo Greiner AC, is an Australian businessman and former politician. He was the 37th Premier New South Wales from 1988 to 1992. He was Leader of the New South Wales Division of the Liberal Party from 1983 to 1992 and Leader of the Opposition from 1983 to 1988. He is married...
.
The organisation is typically referred to by its initials, as in "the I-C-A-C", or simply as "ikak".
Structure and operation
The ICAC has jurisdiction over stateGovernment of New South Wales
The form of the Government of New South Wales is prescribed in its Constitution, which dates from 1856, although it has been amended many times since then...
and local government in New South Wales. This extends to parliamentarians, local councillors, the Governor of New South Wales, public servants, police and staff of universities and state-owned corporations.
Anyone can refer matters to the commission.
The commission has the coercive powers of a Royal Commission
Royal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
and can compel witnesses to testify. Where the ICAC rules that an official has acted corruptly, the charges are referred to the criminal justice system for trial.
The ICAC is led by a single commissioner, who, though the agency belongs within the New South Wales Premier's Department
Department of Premier and Cabinet (New South Wales)
The New South Wales Department of Premier and Cabinet, a department of the New South Wales Government, is responsible for leading the New South Wales public sector to deliver on the Government's commitments and priorities...
, reports directly to the presiding officers of the Parliament of New South Wales
Parliament 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 . It is a bicameral parliament elected by the people of the state in general elections. The parliament shares law making powers with...
. The commissioner serves a single five-year term and cannot be dismissed except by the Governor.
Development
The 1980s saw a number of corruption scandals break around Australia, involving the LaborAustralian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
administrations in New South Wales, Victoria and Western Australia, the Liberal Party
Liberal Party of Australia
The Liberal Party of Australia is an Australian political party.Founded a year after the 1943 federal election to replace the United Australia Party, the centre-right Liberal Party typically competes with the centre-left Australian Labor Party for political office...
government in Tasmania and the National Party
National Party of Australia
The National Party of Australia is an Australian political party.Traditionally representing graziers, farmers and rural voters generally, it began as the The Country Party, but adopted the name The National Country Party in 1975, changed to The National Party of Australia in 1982. The party is...
administration in Queensland.
In 1988, Greiner, a Liberal, ran against Labor in New South Wales on an anti-corruption platform and won. Introducing legislation to establish the ICAC, Grenier told Parliament that
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 the activities of the previous WranNeville Wran
Neville Kenneth Wran, AC, CNZM, QC was the Premier of New South Wales from 1976 until 1986. He was National President of the Australian Labor Party from 1980 to 1986 and Chairman of both the Lionel Murphy Foundation and the Commonwealth Scientific and Industrial Research Organisation from 1986...
and Unsworth
Barrie Unsworth
Barrie John Unsworth was an Australian politician, representing the Australian Labor Party in the Parliament of New South Wales from 1978 to 1991. He served as the 36th Premier from July 1986 to March 1988.-Early years:...
governments. No charges were recommended by the commission.
In 1992, the ICAC ruled that Greiner offer of a government job to former minister Terry Metherell
Terry Metherell
Terry Alan Metherell is a former Australian politician who represented the Electoral district of Davidson in the New South Wales Legislative Assembly from 1981 to 1992. When the Liberal Party won the 1988 election, Premier Nick Greiner appointed him Minister for Education and Youth Affairs, a...
was an act of 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 not support his leadership. Greiner resigned and was replaced by John Fahey
John Fahey (politician)
John Joseph Fahey, AC is a former Premier of New South Wales and Federal Minister for Finance in Australia. John Fahey is currently the President of the World Anti-Doping Agency. He was a member of the New South Wales Legislative Assembly from 1984 to 1996 and the federal House of Representatives...
.
Commissioners
The ICAC is led by a single commissioner, who serves for a non-renewable term of five years. Five people have held the post since the commission's establishment:- Ian TembyIan TembyIan Temby AO QC . First Commissioner of the New South Wales Independent Commission Against Corruption . More recently commissioner in the Temby Royal Commission into the Finance Broking Industry . Has lived in Summer Hill, New South Wales.-External links:* .* .*...
QC, 13 March 1989 to 12 March 1994 - The Honourable Barry O'Keefe AM, QC, from 14 November 1994 to 13 November 1999
- Irene MossIrene MossIrene Kwong Moss AO is an Australian solicitor and public servant. She graduated from Harvard Law School with a Master of Laws, and became a solicitor at the Supreme Court of New South Wales and High Court of Australia...
AO from 14 November 1999 to 13 November 2004 - The Honourable Jerrold Cripps QC from 14 November 2004 to 13 November 2009
- The Honorable David IppDavid IppDavid Andrew Ipp AO QC is the Commissioner of the NSW Independent Commission Against Corruption.Ipp was formerly a judge of the Court of Appeal of the Supreme Court of New South Wales, the highest court in the State of New South Wales, Australia, which forms part of the Australian court...
AOAO-Science and technology:* .ao, top-level Internet domain code for Angola* Adaptive optics, an astronomical imaging technology* Arctic oscillation, a climate pattern* The AMSAT-OSCAR satellite naming convention...
from 16 November 2009
High-profile cases
- Nick GreinerNick GreinerNicholas "Nick" Frank Hugo Greiner AC, is an Australian businessman and former politician. He was the 37th Premier New South Wales from 1988 to 1992. He was Leader of the New South Wales Division of the Liberal Party from 1983 to 1992 and Leader of the Opposition from 1983 to 1988. He is married...
and Terry MetherellTerry MetherellTerry Alan Metherell is a former Australian politician who represented the Electoral district of Davidson in the New South Wales Legislative Assembly from 1981 to 1992. When the Liberal Party won the 1988 election, Premier Nick Greiner appointed him Minister for Education and Youth Affairs, a... - Nola FraserNola FraserNola Therese Fraser is an Australian small business owner, former nurse and former Liberal candidate on two occasions for the seat of Macquarie Fields. Fraser became a whistleblower at two Sydney hospitals where she worked though none of her claims have been substantiated and have been shown to...
- Orange Grove affairOrange Grove affairThe Orange Grove affair was a political scandal in Australia concerning the dealings of the New South Wales state Australian Labor Party government with multinational corporation The Westfield Group. It resulted from a court decision to force the closure of the Orange Grove shopping centre after a...
- Karyn PaluzzanoKaryn PaluzzanoKaryn Lesley Paluzzano is a former Australian politician. She was an Australian Labor Party Member of the New South Wales Legislative Assembly from 2003 to 2010, representing the electorate of Penrith.-Private life:...
and Angela D'AmoreAngela D'AmoreAngela D'Amore , a former Australian politician, was a member of the New South Wales Legislative Assembly, representing the electorate of Drummoyne from 2003 until 2011 initially for the Australian Labor Party until 2010, and then as an independent member until her retirement from politics in 2011...