Independent Commission Against Corruption Regulation 2017

This Regulation is the Independent Commission Against Corruption Regulation 2017.

This Regulation commences on 1 September 2017 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Independent Commission Against Corruption Regulation 2010, which is repealed on 1 September 2017 by section 10 (2) of the Subordinate Legislation Act 1989.

In this Regulation—

affiliated health organisation has the same meaning as it has in the Health Services Act 1997.

approved means approved for the time being by the Chief Commissioner.

associated person is defined in clause 4.

dependent child of a person means anyone who is under the age of 18 years and is a child of the person or of the person’s spouse.

financial interest, in relation to an officer of the Commission or an applicant for a position as an officer of the Commission, means—

any pecuniary interest or other matter, referred to in section 110 (a) (i)–(xi) of the Act, that relates to the officer or applicant, or

any such interest or other matter that relates to a person who is associated with the officer or applicant.

spouse means—

the person to whom a person is legally married (including the husband or wife of a person), or

a de facto partner,

but where more than one person would so qualify as a spouse, means only the last person so to qualify.

Note.

“De facto partner” is defined in section 21C of the Interpretation Act 1987.

statutory health corporation has the same meaning as it has in the Health Services Act 1997.

the Act means the Independent Commission Against Corruption Act 1988.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

For the purposes of section 110 (a) (xii) of the Act, the pecuniary interests or other matters referred to in paragraph (b) of the definition of financial interest in subclause (1) are specified.

The Appendix to this Regulation forms part of this Regulation, but notes included in this Regulation do not form part of this Regulation.

In this Regulation, a reference to a person who is associated with an officer of the Commission, or an applicant for a position as an officer of the Commission, is a reference to—

in the case of an officer or applicant who is an individual, any of the individual’s family or business associates, or

in the case of an officer or applicant that is a company engaged under section 104B of the Act—

any of the company’s key personnel, or

any of those key personnel’s family or business associates, or

any of the company’s related bodies corporate (within the meaning of the Corporations Act 2001 of the Commonwealth).

For the purposes of this clause—

the following persons are an individual’s family associates—

the individual’s spouse,

the individual’s dependent children,

such other members of the individual’s household or family as the Chief Commissioner may specify in respect of a particular individual or class of individuals, and

the following persons are an individual’s business associates—

the individual’s employer,

any such employer’s key personnel (in the case of an employer that is a company),

the individual’s partners in any partnership of which the individual is a member,

such employees of any such partnership, and such other persons having contractual relationships with the partnership, as the Chief Commissioner may specify in respect of a particular partnership or class of partnerships,

the individual’s employees,

such other persons having contractual relationships with the individual as the Chief Commissioner may specify in respect of a particular individual or class of individuals, and

the following persons are a company’s key personnel—

the directors of the company,

the secretary of the company,

such officers or employees of the company, such shareholders in the company and such other persons having contractual relationships with the company as the Chief Commissioner may specify in respect of a particular company or class of companies.

The NSW Ministerial Code of Conduct set out in the Appendix to this Regulation is prescribed as an applicable code of conduct for the purposes of section 9 of the Act.

The Chief Commissioner may at any time require an officer of the Commission, or an applicant for a position as an officer of the Commission, to furnish to the Chief Commissioner a statement of personal particulars, in the approved form, in relation to—

the officer or applicant, or

any other person who is associated with the officer or applicant.

The statement must be accompanied by an authority for the release of information, and a consent to conduct inquiries, each in the approved form and each duly executed by the person to whom the statement relates.

An officer or applicant who is required to furnish to the Chief Commissioner one or more statements under this clause must, when furnishing that statement or those statements, also furnish the Chief Commissioner with a statutory declaration, in the approved form, concerning the officer’s or applicant’s association (if any) with known or reputed criminals.

The Chief Commissioner may require an officer of the Commission, or an applicant for a position as an officer of the Commission, to furnish to the Chief Commissioner such of the documents referred to in subclause (2) or (3) relating to—

the officer or applicant, or

any other person who is associated with the officer or applicant,

as are in the possession of the officer or applicant or to which the officer or applicant has an immediate right of possession.

The documents to be furnished in the case of an individual are as follows—

a birth certificate or a duly certified extract of a birth certificate,

a marriage certificate or a duly certified extract of a marriage certificate,

a current passport,

a current driver’s licence,

a duly certified copy of any registered deed by which the individual has formally changed the individual’s name,

a certificate of naturalisation,

a certificate of discharge from the Defence Force,

a certificate evidencing the individual’s educational, professional or trade qualifications,

the most recent income tax return lodged by, and the most recent income tax assessment issued in relation to, the individual.

The documents to be furnished in the case of a company or partnership engaged under section 104B of the Act are as follows—

a copy of the constitution of the company or of the agreement establishing the partnership,

the most recent annual report of the company or partnership,

the most recent audited financial statement in relation to the company or partnership,

the most recent income tax return lodged by, and the most recent income tax assessment issued in relation to, the company or the several partners in the partnership.

The Chief Commissioner may require an officer of the Commission, or an applicant for a position as an officer of the Commission, to furnish to the Chief Commissioner an imprint of the officer’s or applicant’s fingerprints.

If the officer or applicant is a company or partnership engaged or to be engaged under section 104B of the Act, the Chief Commissioner may require the officer or applicant to furnish to the Chief Commissioner an imprint of the fingerprints of—

any specified associate of the company, or

any specified associate of a partner in the partnership.

Fingerprint imprints obtained by the Commission from an applicant, or an associate of an applicant, are to be destroyed within 6 months after the application is determined unless, within that time, the applicant becomes an officer of the Commission.

Fingerprint imprints obtained by the Commission from an officer, or an associate of an officer, are to be destroyed within 6 months after the officer ceases to be an officer.

In the case of an officer—

who is under investigation by the Commission when the officer ceases to be an officer, or

who becomes subject to such an investigation within 6 months after ceasing to be an officer,

the Commission may retain the fingerprint imprints of the officer, or of any associate of the officer, for such further period as is necessary to complete the investigation and any legal proceedings arising from the investigation.

An officer of the Commission who becomes aware of any significant change in the personal particulars in relation to—

the officer, or

any person who is associated with the officer and in respect of whom the officer has previously furnished a statement of personal particulars under this Part,

must immediately furnish a statement of that change, in the approved form, to the Chief Commissioner.

If an officer of the Commission becomes aware of any conflict of interest that has arisen, or that could be seen as having arisen, between the officer’s duties as an officer and the officer’s private interests, the officer must immediately notify the Chief Commissioner of that fact.

On becoming an officer of the Commission, the officer must furnish to the Chief Commissioner a statement of financial interests, in the approved form, in relation to the officer.

Without limiting subclause (1), the Chief Commissioner may at any time require an officer of the Commission, or an applicant for a position as an officer of the Commission, to furnish to the Chief Commissioner a statement of financial interests, in the approved form, in relation to—

the officer or applicant, or

any other person who is associated with the officer or applicant.

An officer of the Commission who becomes aware of any significant change in the financial interests in relation to—

the officer, or

any person who is associated with the officer and in respect of whom the officer has previously furnished a statement of financial interests under this Part,

must immediately furnish a statement of that change, in the approved form, to the Chief Commissioner.