Independent Commissioner Against Corruption Act 2017

(1) The ICAC must issue, and keep under review, directions and guidelines governing the reporting to the ICAC of improper conduct.

(a) require a public body or public officer to report suspected improper conduct; and

(b) set out the circumstances that constitute suspicion for paragraph (a); and

(c) require matters to be reported even if they have been referred to the public body or public officer under another Act.

Note for subsection (2)

The directions and guidelines must be published on the ICAC's website – see section 130.

(3) Without limiting the directions, they may require different classes of public bodies and public officers to disclose different classes of suspected improper conduct.

Examples for subsection (3)

A direction could require:

(a) all public officers engaged on an executive contract of employment under the Public Sector Employment and Management Act 1993 to report suspected corrupt conduct and suspected serious or systemic misconduct or unsatisfactory conduct; or

(b) all correctional officers under the Correctional Services Act 2014 to report suspected improper conduct related to youth detainees.

(6) Despite anything to the contrary in this section or in any directions or guidelines issued under this section, a report in relation to any of the following must be made to the Inspector:

(a) the Health Complaints Commissioner, a staff member as defined in section 4(1) of the Health and Community Services Complaints Act 1998 or a consultant engaged under section 14(2) of that Act;

(c) the Information Commissioner referred to in section 85 of the Information Act 2002, a member of the staff of the Information Commissioner or a consultant engaged under section 96(3) of that Act;

(d) the Ombudsman or an officer of the Ombudsman's Office as defined by section 4 of the Ombudsman Act 2009 as in force immediately before the commencement of section 112 of the Integrity and Ethics Commissioner Act 2025;

(e) the Auditor-General, a public sector employee employed for the Auditor-General or a consultant or other person engaged by the Auditor‑General for the performance of the Auditor‑General's functions under the Audit Act 1995.