Papers to note: report on proposed amendments to the ICAC

22/09/2010

The New South Wales Parliament's Committee on the Independent Commission Against Corruption has published Report No. 10/54_ – Proposed Amendments to the Independent Commission Against Corruption Act 1988_.

The report makes six recommendations, the first being that the Independent Commission Against Corruption Act 1988 be amended to remove the restriction in section 37, which prohibits the use, in disciplinary proceedings, of compulsorily obtained evidence provided under objection to the Independent Commission Against Corruption, subject to the further amendment of the Independent Commission Against Corruption Act 1988 to:

1. prevent the indirect use of evidence obtained under objection in criminal or civil proceedings. Such a provision could be modelled on section 128(7)(b) of the Evidence Act 1995;

2. limit the use of evidence obtained under objection to disciplinary proceedings which relate directly to the actions the subject of the ICAC inquiry;

3. ensure that a witness appearing before ICAC must be notified that their evidence may be used against them in disciplinary proceedings.

22 September 2010

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