ICAC validation: a message from President Jane Needham SC

15/05/2015

The Independent Commission Against Corruption (Validation) Amendment Act 2015 passed both Houses of NSW Parliament and received royal assent last week. The Act was introduced as a result of last month’s High Court’s judgment in Independent Commission Against Corruption v Cunneen [2015] HCA 14, and is intended to retrospectively validate past investigations and conduct of the Independent Commission Against Corruption that might otherwise be adversely affected by the High Court’s decision.

The New South Wales Bar Association is opposed to any legislation which retrospectively affects individual interests. The legislation sets an unfortunate precedent in this regard concerning the actions of investigative agencies, and the Bar Association is concerned about the effects of the retrospective validation of these kind of activities on the justice system as a whole.

As a result, I wrote to the premier and the attorney general earlier this week seeking a meeting to discuss the Bar Association’s concerns, and indicating that the association wishes to be involved in the independent panel review of the implications of the High Court’s decision which will be chaired by the Hon A M Gleeson AC QC.

I will keep members informed of developments.

Jane Needham SC

President