Independent Commissioner Against Corruption Act 2017

In this Act:

acting in an official capacity, in relation to a person, means the person is performing functions under, or otherwise related to the administration of, this Act.

anti-democratic conduct, see section 15.

Assembly Committee means the committee (if any) designated under section 5.

associated entity, see section 176 of the Electoral Act 2004.

authorised officer means:

breach of public trust, see section 13.

claimant, for Part 5, Division 2, see section 84.

claimant's representative, for Part 5, Division 2, see section 84.

Clerk, for Part 5, Division 2, see section 84.

closed session, for Part 5, Division 1, see section 78.

conduct means an act or an omission to perform an act.

conflict of interest, see section 10(6).

connected to public affairs, in relation to conduct, means:

(a) conduct in the course of, or closely related to, the performance of official functions, including conduct engaged in otherwise than in the performance of official functions that adversely affects or could adversely affect, directly or indirectly, the honest, impartial or effective performance of those functions; or

(b) conduct that affects the use, allocation or receipt of public resources to which a public officer has access in connection with being a public officer; or

(c) conduct involving the use of authority or perceived authority that a person has as a result of being a public officer or representing themselves as a public officer.

corrupt conduct, see section 10.

engage in conduct means:

engage in retaliation, see section 95.

examination means an examination under section 34 for an investigation.

function includes duty and power.

general report, see section 48(1).

give evidence includes answer a question, give information and produce an item.

harm:

(iii) discrimination, disadvantage or adverse treatment (including disciplinary action), in relation to employment, career, profession, trade or business; or

Health Complaints Commissioner means the Commissioner for Health and Community Services Complaints referred to in section 9 of the Health and Community Services Complaints Act 1998.

health practitioner means:

(b) a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student).

ICAC means the Independent Commissioner Against Corruption established by section 17.

ICAC Minister means the minister administering this Act.

identifying information means information identifying, or tending to identify, a protected person.

IEC Act means the Integrity and Ethics Commissioner Act 2025.

improper conduct, see section 9.

independent entity means any of the following:

(e) a board, commission, tribunal or other body established under an Act that has judicial or quasi-judicial functions in the performance of its deliberative functions;

(i) the matter referred does not involve an allegation of corrupt conduct of a police officer or a person employed or engaged by the Commissioner of Police; or

(ii) the matter referred involves an allegation of improper conduct of a police officer or a person employed or engaged by the Commissioner of Police and the ICAC considers the ICAC has no good reason to maintain oversight of the matter;

(p) an agency of another Australian jurisdiction that has functions similar to those of the ICAC;

Inspector means the Inspector referred to in section 23 of the IEC Act.

Inspector staff, see section 3 of the IEC Act.

investigation means an investigation under Part 3, Division 5 including a joint investigation under section 38.

investigation report, see section 50(1).

irrelevant criminal record, see section 4(1) of the Anti‑Discrimination Act 1992.

item means a document or other thing.

judicial officer means any of the following:

(e) a judicial officer performing duties as the President or Deputy President of the Civil and Administrative Tribunal.

law enforcement agency means an entity, in the Territory or elsewhere in Australia, that has functions in relation to the investigation of offences or the prosecution of persons for offences.

local councillor means a member of a local government council.

member of ICAC staff means a person mentioned in section 123(1).

misconduct, see section 11.

misleading information means information that is misleading in a material particular or because of the omission of a material particular.

MLA means member of the Legislative Assembly.

nominated recipient, see section 97.

non-disclosure direction means a direction under section 147.

non-NT political party, for Part 7, see section 112A(1).

occurs, in relation to conduct, means the conduct is engaged in.

official information means information known to, or held by or on behalf of, a public officer or public body in relation to official functions, whether the information:

open session, for Part 5, Division 1, see section 78.

parliamentary privilege, see section 83.

perform a function includes exercise a power.

political opinion, affiliation or activity has the same meaning as in the Anti‑Discrimination Act 1992.

political party, see section 3 of the Electoral Act 2004.

premises includes:

prohibited reason, in relation to retaliation, see section 95(2).

proper officer, for Part 5, Division 2, see section 84.

protected action, see section 92.

protected communication, see section 93.

protected person:

(a) generally – means a person who takes or has taken protected action; and

(b) for retaliation – includes a person whom the person engaging in retaliation believes or suspects is taking or has taken protected action.

public body, see section 16(1).

public inquiry means an inquiry under Part 3, Division 6.

public officer, see section 16(2).

public resources, see section 14.

public statement means a statement by the ICAC under section 55.

recent political affiliation, for Part 7, see section 112A(2).

referral means a referral of a matter by the ICAC under Part 3, Division 4.

referral entity means any person or body identified in section 25 or 25A to whom or to which a matter may be referred.

report concerning recommendations means a report by the ICAC under section 58.

reportable donation, for Part 7, see section 112A(1).

representation, for Part 5, Division 1, see section 78.

responsible Minister, for a public body or public officer, means the minister having responsibility for the area or activity of government that is applicable to the public body or public officer.

Note for definition responsible Minister

See section 19(3) of the Interpretation Act 1978.

retaliation, see section 95.

retention notice, see section 71(1)(e).

search warrant, means a search warrant issued under section 68.

secured item, for Part 5, Division 2, see section 84.

subject of privilege, for Part 5, Division 2, see section 85.

superior Court means:

unsatisfactory conduct, see section 12.

victim, in relation to retaliation, see section 95.

Note for section 4

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.