Operations

The Independent Commission Against Corruption (ICAC) is given the mandate under the Constitution through its Organic Law (OLICAC) to conduct:

Investigations

The Commission can conduct an investigation into an alleged or suspected corrupt conduct of a public official on its own initiative or in response to a complaint made to ICAC.

Hearing

During the investigation, the ICAC can request to hold a hearing to further substantiate the investigation or establish the credibility of evidence and whether the case is fit for trial before at least one member of the Commission. The Commission may decide to hold the whole, or part of the hearing either in public or in private.  

Arrests

Upon investigation and the Commission is satisfied that there is enough evidence of corrupt conduct against a public official, a Commission investigator can make an arrest; the Commission investigator has the same duties and powers as a police officer would have under the Arrest Act 1977 in relation to an indicatable offence.

Prosecutions

The State Prosecutor has the mandate to prosecute indictable offences (consistent with the Criminal Code).

But in the case where ICAC wants to prosecute an indictable offence relating to corrupt conduct, it must obtain a written consent from the Public Prosecutor.

The Prosecutor must within 60 days after receiving the Commission’s request, notify the Commission in writing of his or her decision to consent to the prosecution or refuse consent.

If the Public Prosecutor refuses to consent to the prosecution, the Public Prosecutor must include in the notice the reasons for refusal indicating whether the Public Prosecutor –

  1. considers that there is no reasonable prospect of a conviction; or
  2. considers that the prosecution is not in the public interest; or
  3. intends to conduct the prosecution.

If within 60 days after receiving the Commission’s request to prosecute an indictable offence relating to corrupt conduct, the Public Prosecutor has not responded in writing to the request, the Public Prosecutor is deemed to have consented to the prosecution by the Commission.

Committees and Taskforce, Arrangements and Agreements

ICAC may establish or participate in committees and taskforces in conjunction with relevant agencies, such other agencies or bodies or an international agency.

The Commission may also enter into administrative arrangements and agreements with other agencies and bodies, to facilitate the performance of the Commission’s functions and the exercise of its powers, including arrangements and agreements for: –

  1. Cooperation with other agencies and bodies; and
  2. Exchange of information between agencies and bodies and measures to Protect the confidentiality of the information; and
  3. Referral of matters between agencies and bodies.