On 19 March 2024, the Independent Commission Against Corruption Amendment Bill 2024 (Bill) was passed by both houses of Parliament. The Bill amends the Independent Commission Against Corruption Act 1988 (Act).
Changes
The Bill has introduced several amendments relating to:
- the obligation of secrecy on those carrying out the Commission's functions
- whom recommendations must be given (and whom must respond)
- establishing a procedure, where there is a recommendation for a House or both Houses of Parliament to take action to inform the Presiding Officer.
Obligation of secrecy – section 111
The changes to section 111 allow, where a direction is given to allow a person to divulge information, that the direction may specify that the person can make a record of the information or communicate it to another person and specify conditions or restrictions which apply (section 111(4A)). If such a direction is made, this limits the pass through provision to employees, which otherwise applies under subsection 5 (section 111(5A)).
Recommendations and responses – section 111E
The changes to section 111E affect the provision of recommendations to take action to reduce the likelihood of corrupt conduct. The recommendations are now required to be given to a relevant public authority or official, where that expression is defined as a public authority or a Minister of the Crown (subsection 4).
The previous expression public authority did not include a Minister of the Crown, the Parliament or its Presiding Officers and committees.
Where the relevant public authority or official is a public authority, the recommendation must also go to the Minister for the relevant public authority or official (subsection 1). The relevant public authority or official must make the implementation election (subsection 2) and provide the implementation report (subsection 3).
Informing the House(s) – section 111F
The changes to section 111F of the Act establishes a requirement for the Commission to provide a copy of recommendations to the Presiding Officer of one or both House's (sub section 1) where there is a recommendation for a House or both Houses of Parliament to take action to reduce the likelihood of corrupt conduct.
The Presiding Officer must informtheir House of Parliament of the received recommendation and their proposed response (sub section 2). Subsections (3) and (4) allow for referral of recommendation to a relevant parliamentary committee which must report back to the relevant House.
The amendments to section 111E and the introduction of section 111F arise from the Commission's recommendations in Operation Keppel.
Importance of the amendments
The second reading speech highlights the need for the Commission to retain the flexibility needed to promote effective operation, including by imposition of appropriate and adapted secrecy provisions.
In expanding the definition of public authority, the Bill addresses a gap which expands the Commission's powers to direct recommendations to the appropriate body.
The changes affecting the Houses ensure that law makers are informed and are required to respond as would be expected by the wider community.
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