The investigative power of the ICAC is structured to ensure there will be no abuse. A robust system of checks and balances has been put in place that includes:
Chief Executive/Executive Council
The ICAC is directly accountable to the Chief Executive and the ICAC Commissioner reports to the Executive Council on major policy issues.
The Council holds the authority of conferring and repealing the powers of the ICAC. The ICAC Commissioner is required to answer to the Council on policy and funding matters.
Separate Power of Prosecution
After completion of investigations, the power to prosecute is vested with the Secretary for Justice, and the separation of powers ensures that no case is brought to the courts solely on the judgement of the ICAC.
An independent judiciary ensures that the ICAC does not step out of line. The ICAC is required to seek prior court approval for exercising certain powers, and will carefully consider comments from the court and conduct reviews on operational procedures to avoid misuse of power.
The ICAC is subject to close public scrutiny through the mass media.
There are four advisory committees comprising prominent citizens appointed by the Chief Executive and chaired by civilian members to oversee the work of the ICAC. More
ICAC Complaints Committee
The Independent ICAC Complaints Committee monitors and reviews all non-criminal complaints against the ICAC or its staff. The Committee includes members of the Legislative Council and prominent members of the community appointed by the Chief Executive. More
The ICAC demands a high standard of integrity from its staff. An internal investigation and monitoring unit, L Group, is responsible for investigating breaches of staff discipline, allegations of corruption against ICAC staff and non-criminal complaints against the ICAC or its staff. More