Under the provisions of Premier's Memorandum M1993-34 agencies were encouraged to contact the Independent Commission Against Corruption (ICAC) concerning major capital works proposals. The ICAC Commissioner has advised that the requirements in Memorandum 1993-34 have highlighted the potential for the ICAC's investigative and advisory roles to come into conflict.

 

The ICAC was established in 1989 to:investigate allegations of corrupt conduct and communicate the results of those investigations; instruct, advise and assist public authorities on ways in which corrupt conduct may be eliminated; advise public authorities of changes in practices or procedures in order to reduce the likelihood of the occurrence of corrupt conduct; and educate and advise public authorities, public officials and the community on strategies to combat corrupt conduct and the importance of maintaining the integrity of public administration.In undertaking its statutory functions, the ICAC is given considerable discretion on matters it may investigate and how it investigates them, subject to certain accountability mechanisms and other requirements.Discretion is also given on whether, upon completion of an investigation, the ICAC makes findings of fact and forms opinions based on those facts as to whether any person, even someone other than a public official, has engaged in corrupt conduct.In addition, discretion is given on whether the ICAC may make recommendations for reforms that it believes others should undertake.

 

The ICAC provides a general advice service. In some circumstances, the ICAC may decline an agency request for advice. Advice requests are declined when the ICAC forms the view that the advice function could potentially conflict with its investigative function in the future. In addition, the ICAC is unable to give advice that could be seen as authorising a particular course of action or provide advice that extends beyond probity and corruption prevention issues. Furthermore, the ICAC may only be able to provide generalised advice where the request is complex or detailed and when the ICAC cannot resource the request.As part of the advice service, the ICAC also provides generic corruption prevention publications covering a broad range of topics, including those that will be relevant to major government contracts or proposals. These publications can be accessed at www.icac.nsw.gov.au. Probity advice on major government contracts or proposals can also be sourced from central government agencies and private sector providers.

 

Morris Iemma MP

 

Premier and Treasurer