Schedule 2 Amendment of other Acts and regulation
(Section 4)
2.1 Criminal Records Regulation 2004
Clause 7 Exclusion of applicants for employment with ICAC or ICAC Inspector from consequences of conviction being spent
Insert at the end of the clause:(2) Section 12 of the Act does not apply in relation to an application by a person for appointment or employment as an officer of the Inspector within the meaning of the Independent Commission Against Corruption Act 1988.
Omit the section. Insert instead:17K Matters arising under the Independent Commission Against Corruption Act 1988
(1) There is a defence of absolute privilege for a publication:(a) to or by the Independent Commission Against Corruption, or(b) to or by the Commissioner for the Commission as Commissioner, or(c) to or by the Inspector of the Independent Commission Against Corruption as Inspector, or(d) to any officer of the Commission or officer of the Inspector (within the meaning of the Independent Commission Against Corruption Act 1988) as such an officer.(2) This section applies in relation to any compulsory examination or public inquiry before the Independent Commission Against Corruption or inquiry before the Inspector of the Independent Commission Against Corruption or any other matter relating to the powers, authorities, duties or functions of the Commission or Inspector.(3) This section extends to publications made before the commencement of this section.
[2] Schedule 2 Proceedings of public concern and official and public documents and records
Omit clause 2 (18). Insert instead:(18) proceedings at a public inquiry held before the Independent Commission Against Corruption or at an inquiry held in public before the Inspector of the Independent Commission Against Corruption,
2.3 Freedom of Information Act 1989 No 5
Schedule 2 Exempt bodies and offices
Insert after the matter relating to the Independent Commission Against Corruption:The office of Inspector of the Independent Commission Against Corruption—operational auditing, complaint handling, investigative and report functions.
2.4 Greyhound and Harness Racing Administration Act 2004 No 36
Insert after section 42 (5) (a):(a1) the Inspector of the Independent Commission Against Corruption,
2.5 Health Records and Information Privacy Act 2002 No 71
Insert after paragraph (b) of the definition of investigative agency in section 4 (1):(b1) the Inspector of the Independent Commission Against Corruption,
Insert in alphabetical order:staff of the Inspector of the Independent Commission Against Corruption means:
(a) any staff employed under section 57E (1) or (2) of the Independent Commission Against Corruption Act 1988, and(b) any consultants engaged under section 57E (3) of that Act.
[3] Section 17 Specific exemptions (ICAC, ICAC Inspector and Inspector’s staff, Police Service, PIC, Inspector of PIC and Inspector’s staff and NSW Crime Commission)
Insert “, the Inspector of the Independent Commission Against Corruption, the staff of the Inspector of the Independent Commission Against Corruption” after “Against Corruption”.
[4] Section 60 Inquiries and investigations
Insert “, the Inspector of the Independent Commission Against Corruption, the staff of the Inspector of the Independent Commission Against Corruption” after “Against Corruption” in section 60 (2).
[5] Section 63 Information about compliance arrangements
Insert “, the Inspector of the Independent Commission Against Corruption, the staff of the Inspector of the Independent Commission Against Corruption” after “Against Corruption” in section 63 (3).
2.6 Local Government Act 1993 No 30
Section 440H How is the process for suspension of a councillor for misbehaviour initiated?
Omit section 440H (1) (c). Insert instead:(c) a report made by the Ombudsman in which the Ombudsman states that the Ombudsman is satisfied that grounds exist that warrant the councillor’s suspension, or(d) a report made by the Independent Commission Against Corruption in which the Commission recommends that consideration be given to suspending the councillor under this Division.
Section 167A Offence of making false complaint about conduct of police officer or giving false information
Insert after section 167A (2) (e):(e1) the Inspector of the Independent Commission Against Corruption,
2.8 Police Integrity Commission Act 1996 No 28
Insert after section 4 (3):(3A) References to police officers extend to all members of NSW Police
A reference in this Act to a police officer includes a reference to any member (whether or not a police officer) of NSW Police.
2.9 Privacy and Personal Information Protection Act 1998 No 133
Insert after paragraph (b) of the definition of investigative agency in section 3 (1):(b1) the Inspector of the Independent Commission Against Corruption,
Insert in alphabetical order:staff of the Inspector of the Independent Commission Against Corruption means:
(a) any staff employed under section 57E (1) or (2) of the Independent Commission Against Corruption Act 1988, and(b) any consultants engaged under section 57E (3) of that Act.
[3] Section 27 Specific exemptions (ICAC, ICAC Inspector and Inspector’s staff, Police Service, PIC, Inspector of PIC and Inspector’s staff and NSW Crime Commission
Insert “, the Inspector of the Independent Commission Against Corruption, the staff of the Inspector of the Independent Commission Against Corruption” after “Against Corruption” wherever occurring.
[4] Section 38 Inquiries and investigations
Insert “, the Inspector of the Independent Commission Against Corruption, the staff of the Inspector of the Independent Commission Against Corruption” after “Against Corruption” in section 38 (2).
[5] Section 40 Personal information digest
Insert “, the Inspector of the Independent Commission Against Corruption, the staff of the Inspector of the Independent Commission Against Corruption” after “Against Corruption” in section 40 (4).
[6] Section 42 Information about compliance arrangements
Insert “, the Inspector of the Independent Commission Against Corruption, the staff of the Inspector of the Independent Commission Against Corruption” after “Against Corruption” in section 42 (3).
2.10 Protected Disclosures Act 1994 No 92
Insert in alphabetical order:ICAC Inspector means the Inspector of the Independent Commission Against Corruption appointed under the Independent Commission Against Corruption Act 1988.
officer of the ICAC Inspector means an officer of the Inspector, as defined in the Independent Commission Against Corruption Act 1988.
Insert at the end of the definition of investigating authority:, or
(g) the ICAC Inspector.
Insert after section 12B:12C Disclosure concerning Commission, ICAC Inspector and officers of Commission and ICAC Inspector
(1) To be protected by this Act, a disclosure by a public official to the ICAC Inspector must:(a) be made in accordance with the Independent Commission Against Corruption Act 1988, and(b) be a disclosure that shows or tends to show corrupt conduct, maladministration or serious and substantial waste of public money by the Commission, an officer of the Commission or an officer of the ICAC Inspector.(2) To be protected by this Act, a disclosure by a public official to an investigating authority (being the Auditor-General or the Ombudsman) concerning the Commission or an officer of the Commission must relate to a matter referred by the ICAC Inspector to the investigating authority under section 57C (f) of the Independent Commission Against Corruption Act 1988.(3) Despite section 11, a disclosure by a public official to the Ombudsman that shows or tends to show that, in the exercise of a function relating to a matter of administration conferred or imposed on the ICAC Inspector, the ICAC Inspector has engaged or proposes to engage in conduct of a kind that amounts to corrupt conduct or maladministration or has seriously and substantially wasted public money is protected by this Act.(4) The Ombudsman may investigate, and report, in accordance with the Ombudsman Act 1974 on any matter raised by a disclosure made to it that is of a kind referred to in subsection (3).
[4] Section 13 Disclosures about investigating authorities
Omit section 13 (3) (a) and (b).
[5] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):Independent Commission Against Corruption Amendment Act 2005 (but only in so far as Schedule 2 to that Act amends this Act)
2.11 Totalizator Act 1997 No 45
Insert after section 105 (5) (a):(a1) the Inspector of the Independent Commission Against Corruption,