Section 73 of the ICAC Act provides that the Parliament can refer matters to the ICAC for investigation. If a matter is referred pursuant to this section, the ICAC must investigate that matter (Section 73 (2)).

Section 10 provides that any person may make a complaint to the ICAC about a matter that concerns or may concern corrupt conduct. The ICAC may investigate such a complaint or decide that it need not be investigated (Section 10 (2)). Simply because a matter has been referred, pursuant to section 10, to the ICAC by a Minister, a Member of Parliament or any other person does not automatically mean that ICAC will conduct an investigation.

Instances have arisen where, after referring a matter to the ICAC, Ministers have announced that the ICAC is investigating/will investigate that matter. Such premature announcements can cause embarrassment, both for the Minister and the ICAC, if the ICAC subsequently determines not to carry out an investigation. Such announcements may also cause unfair damage to the reputation of persons named in a complaint.

With these concerns in mind, Ministers are requested to apply the following guidelines when referring matters to the ICAC:

(a) Any public announcements should only indicate that the referral has occurred and should not state, or imply, that the ICAC is investigating/will investigate the matter.

(b) Ministers should ensure that no announcement is made until after the referral has actually occurred.

Before deciding to make an announcement, Ministers are also requested to consider whether premature publicity might cause unfair damage to a person's reputation or whether it may otherwise prejudice any subsequent investigation (eg through the disappearance of important evidence).

Bob Carr
Premier