M1993-34 ICAC Advice on Major Development Proposals

Issues of probity have arisen recently in relation to projects submitted for approval to the Capital Works Committee, consideration of which has delayed decision making. Clearly these issues should be addressed during project development and prior to submission to the Committee.

Some projects may involve special or unique circumstances which raise issues of public sector integrity in major development proposals, where it may be appropriate to consult the Independent Commission Against Corruption (ICAC). The circumstances in which the advice of the ICAC might be sought include:

• where there are unique aspects to the project which could raise issues of probity
• where the commercial interests of those involved in planning, tendering or contracting phases may present or appear to present a conflict of interest
• where substantial benefits still flow to private sector organisations in the project
• where substantial costs, either financial or social, will be incurred by government or the NSW public as a result of the project, and
• where the project is of considerable public interest.

Of course, the advice from the ICAC will recognise that the final authority for proposals and the processes followed rests with the agency, Minister concerned and the Capital Works Committee.

I encourage you to ensure that agencies in your portfolio who approach the ICAC do so early in the process and with sufficient information, so that effective integrity improvement considerations can be built in from the planning stage onwards. The Commissioner has assured me that the Commission will respond in a timely and helpful manner to requests for advice.

Enquiries should be addressed to Mr Peter Gifford, Director of Corruption Prevention.

John Fahey
Premier