Gamage v Riashi

[2025] NSWCA 84

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Powers of public authority
3. › Power to commence legal proceedings
4. › Court attendance notices issued by officer of Independent Commission Against Corruption
5. › Whether powers and functions of Commission extend to laying charges under Crimes Act 1900 (NSW) for matters the subject of investigation into corrupt conduct
6. › Whether power and functions of Commission extend to laying charges for breaches of the ICAC Act 1988 (NSW)
7. › Independent Commission Against Corruption Act 1988 (NSW), ss 2A, 8, 9, 12, 13, 14, 19, 74, 74A, 74B
8. › Criminal Procedure Act 1986 (NSW), ss 3, 14, 173
1. Statutory Interpretation
2. › Implied powers and functions of public body
3. › Powers necessary or reasonably incidental to exercise of functions and powers
4. › Legislation to be read harmoniously
5. › Whether incidental powers provision confers power to prosecute
6. › Independent Commission Against Corruption Act 1988 (NSW), s 19

Quick Take

The ICAC does not have power, express or implied, to commence criminal proceedings for offences under the Crimes Act 1900 (NSW) arising from its investigations into corrupt conduct; however, it does have power to prosecute for offences under the ICAC Act itself as an exercise of incidental powers under s 19.