ROLE

 

1. Prevention & Awareness

2. Investigation & Prosecution

 

Functions

Investigations

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

Arresting

The Commission, upon investigation and is satisfied, that there is enough evidence, a Commission Investigator under Section 99 of the Organic Law on the Independent Commission Against Corruption (OLICAC) can make an arrest; A Commission investigator has the same duties and powers as a police officer would have under the Arrest Act 1977.

Prosecution

ICAC has the powers under Section 34 of the Organic Law on the Independent Commission Against Corruption to prosecute public officials who are alleged to have committed corrupt conduct. However, ICAC must obtain a written consent from the Public Prosecutor to prosecute the respective indictable offence.

*The prosecution of indictable offences are usually conducted by a State Prosecutor (consistent with the Criminal Code).

Hearing

ICAC under Section 63 of the Organic Law of the Independent Commission Against Corruption can hold a Hearing for purposes of an investigation before at least one Member of the Commission. The Commission may decide to hold a whole or part of the Hearing either in public or private.

Establishing Taskforces & Committees

ICAC has powers under 38 of the Independent Commission Against Corruption to establish or participate in committees and taskforces in conjunction with relevant agencies, such other agencies or bodies or an internation agency.

Prevention & Awareness