Northern Territory Numbered Acts
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INDEPENDENT COMMISSIONER AGAINST CORRUPTION ACT 2017 (NO 23 OF 2017)
TABLE OF PROVISIONS
Long Title
PART 1--INTRODUCTION
Division 1-- Preliminary matters
1. Short title
2. Commencement
3. Object of Act
4. Definitions
5. Assembly Committee
6. Act binds Crown
7. Application of Criminal Code
Division 2--Important concepts
8. Meaning of conduct
9. Meaning of improper conduct
10. Meaning of corrupt conduct
11. Meaning of misconduct
12. Meaning of unsatisfactory conduct
13. Meaning of breach of public trust
14. Meaning of public resources
15. Meaning of anti-democratic conduct
16. Meaning of public body and public officer
PART 2--INDEPENDENT COMMISSIONER AGAINST CORRUPTION
17. Establishment of ICAC
18. Functions
19. Powers
20. ICAC to act in public interest
21. Independence of ICAC
PART 3--IDENTIFYING AND DEALING WITH IMPROPER CONDUCT
Division 1--Mandatory reporting of suspected improper conduct
22. ICAC to establish system for mandatory reporting
Division 2--Audits and reviews
23. Audits and reviews
Division 3--Preliminary inquiries
24. Preliminary inquiries
Division 4--Referrals
25. Referral to referral entity
26. Consultation before referral
27. Information to be provided with referral
28. Directions to referral entity
29. Referral entity may disclose information to ICAC
30. Withdrawal or suspension of referral
Division 5--Investigations
31. Power to investigate
32. Power to require information and items for investigation
33. Power to inspect financial records
34. Power to require person to attend for examination
35. Examination to be held in private
36. Legal or other representation
37. Interpreters
38. Joint investigations
Division 6--Public inquiries
39. Public inquiries
40. Public inquiries generally to be open to public
41. Power to require attendance
42. Appearance generally
43. Right of response if adverse allegations made
44. Legal or other representation
45. Interpreters
46. Directions for private hearing and non-publication
47. Requirement to inform witness of certain matters
Division 7--Reports, public statements and recommendations
48. General report
49. Publication of general report made to Speaker
50. Investigation report
51. Brief of evidence
52. Public inquiry report
53. Report to Minister concerning referral
54. Report to Assembly concerning referral
55. Public statements
56. Recommendations
57. Dealing with recommendations
58. Report concerning recommendations
59. Certain reports and public statements not to contain inadmissible material
Division 8--Miscellaneous matters
60. Rules of evidence do not apply
61. Attendance of persons in custody
62. Order for surrender of passport
63. Injunction to refrain from conduct pending investigation
64. Exclusion of certain injunctive remedies
65. Restriction on access to ICAC premises and protected ICAC information
PART 4--GENERAL INFORMATION-GATHERING POWERS OF ICAC
66. Power to enter premises of public body or public officer
67. Power to enter other premises
68. Search warrants
69. Obtaining warrant by telephone or other electronic method
70. Entry on Aboriginal land
71. Powers of authorised officers while on or about premises
72. Procedure for retention notices
73. Search of persons
74. Power to require verification and further information from persons providing information to ICAC
75. Power to require information and items from public bodies and public officers
76. Arrangements for access to confidential information
77. Power to direct public body or public officer to refrain from action
PART 5--MATTERS OF CONFIDENTIALITY AND PRIVILEGE
Division 1--Application of confidentiality and privilege
78. Definitions
79. Confidential or privileged information
80. Client legal privilege
81. Privilege against self-incrimination
82. Subsequent use of representations made by witness
83. Parliamentary privilege
Division 2--Dealing with privilege claims
84. Definitions
85. Meaning of subject of privilege
86. Notice of potentially privileged material
87. Process for dealing with claim of parliamentary privilege
88. Privilege claims generally
89. Application to Supreme Court to determine privilege
90. Determination of privilege claim
PART 6--WHISTLEBLOWER PROTECTION
Division 1--Important principles and concepts
91. Whistleblower protection principles
92. Meaning of protected action
93. Meaning of protected communication
94. Declaration of protected communication
95. Meaning of engage in retaliation
Division 2--Responsibilities relating to protected communications
96. ICAC to issue directions and guidelines for dealing with voluntary protected communications
97. Nominated recipient
98. Information to be given to protected person
Division 3--Protection from liability
99. Protection from liability – taking protected action
Division 4--Protection from retaliation
100. Offence to engage in retaliation
101. Offence to engage in retaliation in course of management
102. Compensation for retaliation
103. Injunctive remedies for retaliation
104. Facilitating access to justice for victims of retaliation
105. Vicarious liability for retaliation
106. Guidelines to minimise retaliation
107. Direction regarding action to protect persons from retaliation
108. Supreme Court may vary or revoke direction
109. Parties and procedure
Division 5--ICAC oversight and further protection
110. Audits and reviews
111. Recommendations
112. ICAC may arrange protection and require police assistance
PART 7--ADMINISTRATION AND ENFORCEMENT
Division 1--Appointment of ICAC and related matters
113. Appointment of ICAC
114. Eligibility for appointment
115. Term of appointment
116. Conditions of appointment
117. Leave of absence
118. Vacancy in office
119. Resignation
120. Suspension and termination of appointment
121. Acting ICAC
122. Oath before taking office
Division 2--Staffing and administration
123. ICAC staff
124. Staff not subject to external direction
125. Delegation
126. Suitability checks
127. Handling information regarding suitability
128. Annual report
129. Guidelines and practice directions for ICAC staff
130. Website
Division 3--Authorised officers
131. Appointment of authorised officers
132. Identity card
133. Return of identity card
Division 4--Oversight of ICAC
134. Appointment of Inspector
135. Functions of Inspector
136. Evaluation of ICAC
137. Report on evaluation
138. Complaints about ICAC
139. Access to ICAC premises and information
140. Further powers of Inspector
141. Confidentiality of information
142. Staff of Inspector
143. Suitability checks
144. Handling information regarding suitability
Division 5--Offences
145. Unauthorised disclosure of information obtained in course of performing official functions
146. Unauthorised disclosure of information in other circumstances
147. Direction not to disclose certain information
148. Failing to comply with requirement for information or items during investigation
149. Contravening notice to attend, or give evidence at, examination or public inquiry
150. Contravening direction of ICAC at public inquiry
151. Contravening direction regarding whistleblowers
152. Falsely representing to be authorised officer
153. Obstruction of authorised officer
154. Misleading information
PART 8--MISCELLANEOUS MATTERS
155. Protection from liability – acting in official capacity
156. Evidence in criminal proceedings
157. Service
158. Dealing with unclaimed property
159. Regulations
PART 9--REPEAL AND TRANSITIONAL MATTERS FOR INDEPENDENT COMMISSIONER AGAINST CORRUPTION ACT 2017
Division 1--Repeal
160. Act repealed
Division 2--Transitional matters
161. Definitions
162. Protection continues for previous disclosures
163. Current investigations
164. Current investigations
165. Relocation of public officers
166. Non-disclosure directions
167. Protection from liability – acting in official capacity
168. Report about implementing recommendations
169. Provisions if Act does not commence at start of financial year
PART 10--CONSEQUENTIAL AMENDMENTS
Division 1--Information Act
170. Act amended
171. Section 49B amended
172. Section 49E inserted
Division 2--Interpretation Act
173. Act amended
174. Section 17 amended
Division 3--Public Sector Employment and Management Act
175. Act amended
176. Section 15A replaced
177. Schedule 1 amended
Division 4--Repeal of Part
178. Repeal of Part
SCHEDULE 1
SCHEDULE 2
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