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This is a Bill, not an Act. For current law, see the Acts databases.
Independent Commission Against
Corruption Amendment (Disciplinary
Proceedings) Bill 2013
No , 2013
A Bill for
An Act to amend the Independent Commission Against Corruption Act 1988 with
respect to evidence in disciplinary proceedings after findings of corrupt conduct.
Independent Commission Against Corruption Amendment (Disciplinary
Clause 1 Proceedings) Bill 2013
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Independent Commission Against Corruption 3
Amendment (Disciplinary Proceedings) Act 2013. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Independent Commission Against Corruption Amendment (Disciplinary
Proceedings) Bill 2013
Amendment of Independent Commission Against Corruption Act 1988 Schedule 1
No 35
Schedule 1 Amendment of Independent 1
Commission Against Corruption Act 2
1988 No 35 3
[1] Section 26 Self-incrimination 4
Insert "or except as provided by section 114A (5)" after "this Act" in 5
section 26 (2). 6
[2] Section 37 Privilege as regards answers, documents etc 7
Insert "or section 114A (5)" after "this section" in section 37 (3). 8
[3] Section 114A 9
Insert after section 114: 10
114A Disciplinary proceedings--taking action based on finding of 11
corrupt conduct 12
(1) This section applies if a finding is made by the Commission in a 13
report under section 74 that a public official has engaged, or has 14
attempted to engage, in corrupt conduct. 15
(2) Disciplinary proceedings in connection with the employment of 16
the public official may be taken by the employer of the public 17
official on the ground of the conduct of the public official on 18
which the finding was based. 19
(3) The person or body determining the disciplinary proceedings: 20
(a) is not required to further investigate whether that conduct 21
occurred, and 22
(b) may take any disciplinary or other action against the public 23
official of a kind that the person or body may otherwise 24
take in disciplinary proceedings against any such public 25
official, and 26
(c) is to give the public official an opportunity to make a 27
submission in relation to any proposed disciplinary or 28
other action. 29
(4) Any such disciplinary or other action is taken to be action under 30
the law relating to the taking of disciplinary proceedings against 31
the public official and that law (including any right to appeal 32
against or seek a review of the action) applies accordingly. 33
(5) Evidence given to the Commission by the public official may be 34
admitted and used in disciplinary proceedings against the public 35
official that are authorised by this section (and in any related 36
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Independent Commission Against Corruption Amendment (Disciplinary
Proceedings) Bill 2013
Schedule 1 Amendment of Independent Commission Against Corruption Act 1988
No 35
appeal or review proceedings) despite sections 26 and 37 or any 1
other law. However, the admission and use of the evidence in 2
those proceedings does not cause it to be admissible against the 3
public official in any other proceedings. 4
(6) The regulations may do any of the following: 5
(a) exclude any proceedings against a public official from the 6
operation of this section, 7
(b) declare that any proceedings against a public official are 8
disciplinary proceedings in connection with the 9
employment of a public official for the purposes of this 10
section. 11
(7) This section does not apply: 12
(a) to a finding of corrupt conduct that is made before the 13
commencement of this section, or 14
(b) to any evidence given before that commencement that 15
would not at that time have been admissible in disciplinary 16
proceedings. 17
(8) In this section: 18
employment includes: 19
(a) engagement under a contract for services, and 20
(b) appointment as a statutory officer to whom a declaration 21
under subsection (6) (b) applies. 22
evidence given to the Commission means: 23
(a) a statement of information, or a document or other thing, 24
produced in response to a notice by the Commission, and 25
(b) an answer made, or a document or other thing produced, by 26
a person summoned to attend or appearing before the 27
Commission at a compulsory examination or public 28
inquiry. 29
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