ICAC

The New South Wales Parliamentary Committee on the Independent Commission Against Corruption (ICAC) has released a discussion paper on the reputational impact on an individual being adversely named in the ICAC’s investigations.

The Terms of Reference for the inquiry are

That the Committee on the Independent Commission Against Corruption (ICAC) inquire into and report on the reputational impact on an individual being adversely named in the ICAC's investigations, with particular reference to:

• whether the existing safeguards and remedies, and how they are being used, are adequate, and 

• whether additional safeguards and remedies are needed, and 

• whether an exoneration protocol should be developed to deal with reputational impact, and 

• relevant practices in other jurisdictions, and 

• any other related matters.

The discussion paper states -

The Committee's 2019 Review of the 2017-2018 Annual Reports of the ICAC and the Inspector of the ICAC found that:

• the reputational impact experienced by people named in investigations of the ICAC can be serious, and is not addressed fully by the available remedies, and 

• an exoneration protocol is one possible remedy available to address the reputational impact of being named in the investigations of the ICAC.

The paper comments

The Committee is aware of examples of individuals concerned about reputational impact from being adversely named in the ICAC's investigations and the lack of suitable safeguards or remedies to address these circumstances. 

In the Committee's recent report, the Committee recommended that it reviews the Independent Commission Against Corruption Act 1988 (ICAC Act) in 2021 to determine whether it continues to be effective and appropriate. The Committee anticipates that this will be a broad review into the operation of the ICAC and the Inspector of the ICAC and the efficacy of the legislation. 

However, the Committee wants to pursue a separate inquiry into the specific issue of reputational impact on individuals being adversely named in the ICAC's investigations. 

The Committee acknowledges that the issue of reputational impact and an exoneration protocol have been considered by it and others previously. However, the Committee considers that this is an important issue which calls for further review.