Proposed changes to ICAC Act to bar investigation of minor misconduct

Changes to the Independent Commission Against Corruption Act have been proposed. Read how the watchdog could soon operate.

NT Independent Commissioner Against Corruption Michael Riches would be permitted to publish ‘investigation reports’ under the proposed amendments. Picture: Supplied

The Territory’s corruption watchdog would be barred from investigating minor misconduct in public office, unless it relates to more serious corruption or “anti-democratic conduct”, or is of sufficient “gravity”, under newly proposed legislative changes.

The proposed new section 18A of the Independent Commission Against Corruption Act would change the law so “the ICAC must not investigate, or continue to investigate, an allegation of misconduct or unsatisfactory conduct” unless certain conditions are met.

They include that the alleged misconduct or unsatisfactory conduct “arises from the same matter that is the subject of an investigation into corrupt conduct or anti-democratic conduct”, or “the gravity of the matter is such that it warrants the use of the powers and resources given to the ICAC”.

Circumstances of sufficient gravity to warrant the ICAC’s intervention include: “The person alleged to have engaged in the misconduct or unsatisfactory conduct is or was an MLA or the chief executive officer or head of an agency or a government-owned corporation; there is a significant degree of harm to the Territory arising from the misconduct or unsatisfactory conduct; or the alleged misconduct or unsatisfactory conduct gives rise to a suspicion of systemic misconduct or unsatisfactory conduct.”

“The proposed amendments seek to prioritise the ICAC’s focus on the most serious matters, while also providing sufficient discretion to determine which matters to investigate, so that existing integrity offices and review bodies can continue to monitor and investigate the less serious matters,” a guidance paper on the proposed amendment reads.

Other changes in the draft exposure bill released for feedback on Monday include new penalties of up to two years in jail for anyone who discloses the identity of a protected whistleblower and a direction the ICAC “conduct examinations and public inquiries in a non-adversarial manner”.

Under the proposed changes, the commissioner would also be permitted to publish “investigation reports”, a practice arguably prohibited under the current Act, as long as they omit certain information, including any referrals for prosecution and the names of individuals guilty of minor misconduct.

They also include a widening of the oversight powers vested in the ICAC Inspector, who would be empowered to “do all things necessary or convenient” in relation to the performance of their functions, and exempted from prohibitions on the use of information obtained through the use of surveillance devices.

The changes would also include an explicit protection for journalists, who could no longer be compelled to reveal their sources to the ICAC without an order of the Supreme Court.

Written submissions on the draft bill will be accepted until 4pm on June 12.