Independent Commissioner Against Corruption Act 2017

(1) This section applies in relation to a particular matter that the ICAC is dealing with or has dealt with, including a matter the ICAC has referred to a referral entity.

(2) The ICAC may make a statement in relation to the matter for any of the following purposes:

(a) to provide information about action taken or that may be taken by the ICAC in relation to the matter;

(b) to indicate that it would be inappropriate for the ICAC to comment on the matter;

(d) to seek evidence in relation to the matter in the course of preliminary inquiries into, or an investigation of, the matter;

(e) to provide information about a referral, including the outcome of the referral;

(f) to address public misconception about a person or issue of which the ICAC has particular knowledge;

(g) to request the Legislative Assembly to authorise the publication, or disclosure to the ICAC, of information or an item that is or may be the subject of parliamentary privilege.

(3) The ICAC may make a public statement, in a manner determined by the ICAC, to:

(4) Subsections (1) to (3) do not authorise any of the following public statements:

(a) an opinion as to whether a person has committed, is committing or is about to commit, an offence or a breach of discipline;

(b) a comment as to the prospects of success of any current or future prosecution or disciplinary action;

(c) the naming or identification of any person other than an MLA in relation to a matter that amounts to no more than misconduct or unsatisfactory conduct unless, in the opinion of the ICAC:

(i) the alleged misconduct or unsatisfactory conduct gives rise to a suspicion of systemic misconduct or unsatisfactory conduct; or

(ii) other exceptional circumstances exist that make it appropriate to name or otherwise identify the person.

(5) For subsection (4)(a), a public statement that a person has engaged, is engaging or is about to engage in improper conduct is not a public statement that the person is guilty of or has committed, is committing or is about to commit an offence or a breach of discipline.

(6) Subsection (5) does not authorise the naming or identification of a person contrary to subsection (4)(c).