The ICAC is given it’s mandate under the Constitution and through the Organic Law on the Independent Commission against Corruption(OLICAC).
Under the OLICAC, the ICAC may investigate suspected corrupt conduct that may amount to an offence under:
- the OLICAC
- the Criminal Code Act 1974 that fall within the definition of corrupt conduct.
- any other laws that fall within the definition of corrupt conduct
The ICAC may also Prosecute indictable offence with the consent of the Public Prosecutor.
Cooperation and Sharing Information
To assist in performing its functions, the ICAC will, as far as practicable, cooperate with integrity, law enforcement and regulatory agencies and any other body the ICAC considers appropriate.
The ICAC may provide information concerning suspected corrupt conduct to any agency, including international agencies, It may also receive information from these agencies.
Committees and Task force, Arrangements and Agreements
The ICAC may establish or participate in committees and task forces in conjunction with relevant agencies, such other agencies or bodies or an international agency.
The ICAC may also enter into administrative arrangements and agreements with other agencies and bodies, to facilitate its performance and the exercise of its powers, including arrangements for cooperation, information sharing and referral of matters.
When undertaking investigations, the ICAC may, for example:
- Require a public body or official to produce a statement of information
- Enter and inspect any premises (other than a residential premises) occupied or used by a public body or official in that capacity and:
- Inspect any document or other thing
- Take copies of any document
- By notice require any person to produce a document or thing
- Apply for a search warrant
- Hold a hearing ( to be conducted in public or private).
The ICAC may hold a hearing for the purposes of an investigation. The hearing must be held before at least one Commissioner and the ICAC can decide to hold the whole or part of the hearing either in public or private.
A person may be summonsed to attend a hearing to give evidence or produce a document or thing, or both. Evidence may be taken under oath and a person attending is not excused from answering questions. where a person is required to give evidence that incriminates or express them to a penalty, that evidence is not admissible against that person in any civil or criminal proceeding.
Following an investigation, and once the ICAC is satisfied that there is enough evidence of corrupt conduct against a public official, a Commission investigator can make an arrest for an indictable offence. In that regard a Commission investigator has the same duties and powers as a police officer under the Arrest Act 1977.
The ICAC may commence a committal proceeding for an indictable offense that amounts to corrupt conduct. The Public Prosecutor has the mandate to prosecute indictable offenses. In certain circumstance the ICAC may conduct the prosecution.