IMPOTENT ACTS:
2A Principal Objects of ActThe principal objects of this Act are—(a) to promote the integrity and accountability of public administration by constituting an Independent Commission Against Corruption as an independent and accountable body—(i) to investigate, expose and prevent corruption involving or affecting public authorities and public officials, and(ii) to educate public authorities, public officials and members of the public about corruption and its detrimental effects on public administration and on the community, and(b) to confer on the Commission special powers to inquire into allegations of corruption.This section of the Act looks very impressive, encouraging, and gives the impression the public has hope corruption in the state of NSW will be investigated and offenders will be held to account.
The public’s expectations and its reality is quite different however.
There are numerous accounts of a trusting public reporting indisputable corruption within the NSW government, with accurate reference to the legislation, dates, evidence, where confirmation records are located, with names of offenders clearly listed including breaches of the following legislation:
* Crimes Act 1900* Court Security Act 2005* GIPA Act 2009* GIIC Act 2009* Surveillance Devices Act 2007* Local Government Act 1993* Ombudsman Act 1974* NCAT Act 2013
However, the general response from ICAC when receiving a credible report from the public is ‘nothing to see here’ and often a direction stating ‘when you have new evidence we might consider it’.
It may be that those able to get an investigation are those in public office, those employees of government, those official whistleblowers.
It may also be the ICAC actually expects non-legal members of the public to accurately articulate the legislation and the elements of the alleged offences before it will take any report seriously.
We just do not know.
To date there is not one investigation which has commenced the result of a member of the public making a report.
This does seem to be a common thread between regulatory bodies; any mechanism to side-step getting government hands dirty cleaning out the rabble is quickly employed with those reporting being effectively shut down and redirected to secondary agencies doing exactly the same thing.
As such it appears the ICAC only responds to governmental reports which gives the impression it is not interested in the public’s concerns.
This leaves the remainder of this piece of legislation without any value whatsoever simply because the public cannot get past the first gate.