NSW Liberals turn on ICAC as powers boosted

The NSW opposition has accused the state’s corruption watchdog of a ‘massive power grab’ in seeking new powers to help an investigation involving fugitive developer Jean Nassif.

Property developer Jean Nassif. Picture: Liam Mendes / The Australian

The NSW opposition has ­accused the state’s corruption watchdog of a “massive power grab” in seeking – and obtaining – new powers to use illegally ­recorded conversations.

The Minns government on Wednesday gave the Independent Commission Against Corruption new powers to assist it with an investigation believed to involve fugitive property developer Jean Nassif, now in Lebanon after the $1.24bn collapse of his Toplace empire.

Liberal MP Ray Williams claimed in parliament last year that several senior NSW Liberal members had been “supported financially” by Mr Nassif.

The new powers were ­granted after a request by ICAC chief commissioner John Hatzistergos, who indicated the body had obtained recordings of private conversations made by “a third party”.

“The records may have been made in contravention of the state’s surveillance devices laws and are of interest to an ongoing investigation,” according to a statement by Special Minister of State John Graham and Attorney-General Michael Daley.

Under the NSW Surveillance Devices Act, it is illegal to record a conversation without the consent of all parties unless it is reasonably necessary to protect the lawful interests of the person recording. But instead of enacting legislation to allow use of the material, the Labor government bypassed parliament and gave ICAC an exemption by amending the regulations. The powers will expire at the end of 2025.

Opposition Leader Mark Speakman said the government was holding parliament in contempt, and attack the anti-corruption agency itself, claiming: “This is a massive power grab by and on behalf of ICAC.”

NSW Opposition Leader Mark Speakman. Picture: NCA NewsWire / Nikki Short

Mr Speakman said the powers being granted through regulation would allow ICAC to use surveillance recordings made by private citizens without a warrant on any matter for at least the next two years.

“There are also questions ­relating to the ICAC’s conduct with respect to the potentially ­illegal records,” Mr Speakman said. “It is unclear how the ICAC could have formed the view that the records are ‘of interest to an ongoing investigation’ (as stated by the Attorney-General yesterday in parliament) without breaking the law. This is a case of reckless drafting by the Labor government, and requires serious ­repair.”

Opposition legal affairs spokesman Alister Henskens condemned the government for introducing the new powers through regulation, rather than putting them into the ICAC Bill which was being debated in parliament on the same day.