PARLIAMENT OF NEW SOUTH WALES Committee on the Independent Commission Against Corruption Proceedings of the 2nd National Conference of Parliamentary Oversight Committees of Anti-Corruption/Crime Bodies 22-23 February 2006 Parliament House, Sydney Report No. 7/53 June 2006 – New South Wales Parliamentary Library cataloguing-in-publication data: New South Wales. Parliament. Legislative Assembly. Committee on the Independent Commission Against Corruption Proceedings of the 2nd National Conference of Parliamentary Oversight Committees of Anti-Corruption/Crime Bodies, 22-23 February 2006, Parliament House, Sydney, Committee on the Independent Commission Against Corruption, Parliament NSW Legislative Assembly. [Sydney, NSW]: The Committee, 2006, 208p Chair: Hon. Kim Yeadon MP “June 2006” ISBN 0 7313 51894 1. ICAC Committee––New South Wales 2. 2nd National Conference of Parliamentary Oversight Committees of Anti-Corruption/Crime Bodies, 22- 23 February 2006, Parliament House, Sydney I Title. II Series: New South Wales. Parliament. Legislative Assembly. Committee on the Independent Commission Against Corruption. Editors: Ian Faulks, Bjarne Nordin and Annette Phelps. Report; no. 7/53 Report on the 2nd National Conference of Parliamentary Oversight Committees of Anti-Corruption/Crime Bodies, 22-23 February 2006 Table of Contents MEMBERSHIP & STAFF................................................................................................iii TERMS OF REFERENCE ............................................................................................... iv CHAIRMAN’S FOREWORD ............................................................................................. v CHAIRMAN’S FOREWORD ............................................................................................. v CATCHING UP ON CORRUPTION: Conference Program ................................................... 7 Welcome to Conference Delegates ................................................................................ 11 Catching Up on Corruption in New South Wales............................................................. 13 Whistleblowing Legislation in New South Wales............................................................. 29 Recent Developments in Civilian Oversight in Queensland .............................................. 45 The Joint Standing Committee on the Australian Crime Commission................................ 59 Dealing with Corruption: The Victorian Experience ......................................................... 63 Parliamentary Committees and the Fabric of Accountability ............................................ 71 The Execution of Search Warrants on Members’ Offices.................................................. 77 Corruption and the Media—Political Journalists, ‘leaks’, and Freedom of Information........ 83 Corruption Prevention in Local Government................................................................... 95 Catching up on the Network....................................................................................... 107 The Independent Commission Against Corruption ........................................................ 111 Crime and Misconduct Commission of Queensland ...................................................... 119 The Corruption and Crime Commission of Western Australia.......................................... 129 Inspector of the Police Integrity Commission ............................................................... 139 Inspector of the Independent Commission Against Corruption ....................................... 143 Corruption investigations ........................................................................................... 151 Whistleblowers, and Governments, Need More Protection ............................................. 157 The Place of Oversight Committees in Integrity Systems: Some Evidence from New South Wales .............................................................................................. 165 Appendix 1 - Extracts from the minutes of the ICAC Committee regarding the 2nd National Conference of Parliamentary Oversight Committees of Anti-Corruption/Crime Bodies, 22-23 February 2006, Parliament House, Sydney……… . 201 Report No. 7/53 – June 2006 i ICAC Committee ii Parliament of New South Wales Report on the 2nd National Conference of Parliamentary Oversight Committees of Anti-Corruption/Crime Bodies, 22-23 February 2006 MEMBERSHIP & STAFF Chairman The Hon. Kim Yeadon MP, Member for Granville Members Ms Kristina Keneally MP, Member for Heffron Mr John Mills MP, Member for Wallsend (Chairman of Committees) Mr Malcolm Kerr MP, Member for Cronulla Mr Paul Pearce MP, Member for Coogee Mr John Price MP, Member for Maitland (Deputy Speaker) Mr Anthony Roberts, Member for Lane Cove Mr John Turner MP, Member for Myall Lakes The Hon. Jenny Gardiner MLC The Hon. Peter Primrose MLC (Vice Chairman) Reverend the Hon Fred Nile MLC Staff Mr Ian Faulks, Committee Manager Mr Bjarne Nordin, Senior Committee Officer Ms Annette Phelps, Committee Officer Ms Millie Yeoh, Assistant Committee Officer Contact Details ICAC Committee Parliament House Macquarie Street Sydney NSW 2000 Telephone 02 9230 2161 Facsimile 02 9230 3309 E-mail [email protected] URL www.parliament.nsw.gov.au Report No. 7/53 – June 2006 iii Report on the 2nd National Conference of Parliamentary Oversight Committees of Anti-Corruption/Crime Bodies, 22-23 February 2006 TERMS OF REFERENCE The Committee on the Independent Commission Against Corruption is required under section 64(1)(c) of the Independent Commission Against Corruption Act 1988 to examine each annual and any other report of the Commission and to report to both Houses of Parliament on any matter appearing in, or arising out of, any such report. 64 Functions (1) The functions of the Joint Committee are as follows: a) to monitor and to review the exercise by the Commission and the Inspector of the Commission’s and Inspector’s functions, b) to report to both Houses of Parliament, with such comments as it thinks fit, on any matter appertaining to the Commission or the Inspector or connected with the exercise of its functions to which, in the opinion of the Joint Committee, the attention of Parliament should be directed, c) to examine each annual and other report of the Commission and of the Inspector and report to both Houses of Parliament on any matter appearing in, or arising out of, any such report, d) to examine trends and changes in corrupt conduct, and practices and methods relating to corrupt conduct, and report to both Houses of Parliament any change which the Joint Committee thinks desirable to the functions, structures and procedures of the Commission and the Inspector, e) to inquire into any question in connection with its functions which is referred to it by both Houses of Parliament, and report to both Houses on that question. (2) Nothing in this Part authorises the Joint Committee: a) to investigate a matter relating to particular conduct, or b) to reconsider a decision to investigate, not to investigate or to discontinue investigation of a particular complaint, or c) to reconsider the findings, recommendations, determinations or other decisions of the Commission in relation to a particular investigation or complaint. Report No. 7/53 – June 2006 iv Report on the 2nd National Conference of Parliamentary Oversight Committees of Anti-Corruption/Crime Bodies, 22-23 February 2006 CHAIRMAN’S FOREWORD The ICAC Committee of the New South Wales Parliament (the Committee on the Independent Commission Against Corruption) was pleased to host the second National Conference of Parliamentary Oversight Committees of Anti Corruption/Crime Bodies on 22 and 23 February 2006. Following on from the success of the first National Conference in Perth in 2003, this biennial conference has served to continue constructive debate on corruption prevention activities and corruption investigation, not only in Australia but also within the region, and has provided a further opportunity to strategically reflect on the role of Parliamentary oversight committees in the challenge of reducing and eliminating corruption. This conference sought to locate the work of Parliamentary oversight committees within a national context of corruption prevention initiatives and corruption investigation activities. While oversight committees continue to play an important role in monitoring corruption prevention, close review of the conference proceedings reveals that oversight committees are but one of many layers of the anti-corruption landscape in Australia. It is therefore critical that there is a continuing effort to convene forums of this nature, so as to highlight the wider institutional, legal, political and social environment in which the oversight committees operate. The conference included an impressive line up of speakers representing the many facets of corruption prevention activities and corruption investigation in Australia. Relevant Parliamentary oversight committees, corruption prevention agencies with their respective commissioners and inspectors, and leading academics in the field were profiled at the conference. Additionally, local government and media representatives took part in the proceedings and added to the broader debate. Whistleblowing constituted a strong and important focus for the conference. This was appropriate given that in New South Wales the ICAC Committee has commenced a review of the Protected Disclosures Act 1994 (NSW). Indeed, the opening